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HISTORY 


OP  THE 


UNITED  STATES  OF  AMERICA, 


FROM  THE  DISCOVERY  OF  THE  CONTmENT. 


BY 


GEORGE  BANCROFT. 


®l)c  a«tl)or'0  £ast  Eeoisi 


VOLUME    VI. 


NEW  YORK: 
D.    APPLETON    AND    COMPANY. 

1885. 


OOPYEICHT, 

B?    GEOEGE    BANCROFT, 
18S2, 1884 


CONTENTS  OF  THE  SIXTH  VOLUME. 


n^ 


HE  FORMATION  OF  THE  AMERICAN  CONSTITU- 
TION. 


IN  FIVE  BOOKS. 


I.-TUB  CONFEDERATION. 
CHAPTER  I. 

A   RETBOSPKOT.      MOVEMENTS   TOWAKD   UNION. 
1643-1781. 

Progress  of  the  world  by  mastery  over  the  forces  of  nature  . 

By  a  better  knowledge  of  the  nature  of  justice 

The  laws  of  morals  may  be  proved  by  inductions  from  experience 

First  American  union.     Concert  of  the  colonies  in  action,  1684 

Consolidation  of  colonies  attempted  by  an  absolute  king 

Effect  of  the  revolution  of  1688.    Plan  of  union  of  William  Pcnn 

Of  Lord  Stairs.     Of  Franklin  in  1754.     Of  Lord  Halifax 

Plan  of  unity  through  the  British  parliament.    First  American  congress 

The  elder  Pitt  and  colonial  liberty 

The  American  congress  of  1774 

Independence  and  a  continental  convention  and  charter 
Question  at  issue  between  Great  Britain  and  the  colonics 
The  confederation  imperfect  from  jealousy  of  central  power  . 
Ilutlcdge  proposes  a  constituent  congress      .... 

New  England  convention  at  Boston 

Measures  of  New  York  of  September  1780    . 

Effort  of  Hamilton.    Thomas  Paine  and  a  continental  convention 

Greene's  opinion 

Convention  of  New  York  and  New  England  at  Hartford 
Reception  of  its  proceedings  in  congrsss        .... 

New  Jersey  and  the  federal  republic 

Cession  of  western  lands  by  New  York  and  Virginia 

The  confederation  adopted 

Washington  appeals  to  the  statesmen  of  Virgini 
His  emphatic  letter  for  a  stronger  government 
His  instructions  to  Custis  and  to  Jones 


lima , 


PAOl 

6 
6 
7 
7 

n 

8 
8 
9 
9 
10 
10 
10 
10 
11 
11 
11 
12 
12 
13 
13 
14 
14 
J5 
16 
18 
18 


I 


iy 


CONTENTS. 


Madison's  report  of  March  1T81    . 

Madison  receives  a  copy  of  Wasliington's  letter     . 

Reports  of  Luzerne.     Pamphlet  by  William  Uarton 

Report  of  the  grand  committeo  of  coni,'rcss  , 

Appeals  of  Hamilton  through  the  press        .... 

The  committee  of  three  on  the  confederation  and  their  report 

Coercion  impossible.     Washington  desires  a  new  constitution 

CHAPTER  II. 

THE   STRUGGLE   FOB   KEVENUE. 

1781-1782. 
Schuyler  proposes  the  union  of  New  England  and  New  York 
Congress  establishes  departments.     The  minister  of  war.     Of  finance  .* 
Hamilton  on  a  national  debt  and  a  national  bank  ....        * 

Robert  Morris  and  a  national  bank 

Congress  and  a  national  bank 

New  Jersey  demands  for  congress  the  power  to  regulate  commerce 
Congress  asks  power  to  levy  an  impost.     Protection  of  American  industries 
The  answers  of  the  states     . 

How  Morris  started  the  bank 

Hamilton  on  regulating  trade 

A  receiver  of  the  United  States  revenue        .        .        .        .        . 

Schuyler  in  the  New  York  legislature 

New  York  sanctions  a  federal  convention 

Hamilton  elected  to  congress.    Morris  entreats  a  loan  from  France       .*        [ 

Embarkation  of  the  French  troops 

What  befell  their  officers '.        .        ' 

Pennsylvania  and  the  public  debt.     Rhode  Island  refuses  the  impost 
Hamilton's  reply  to  Rhode  Island.    Richard  Henry  Lee  divides  Virginia       '. 
Congress  by  its  judicial  powers  reconciles  states    .        . 


CHAPTER  III. 

AMEKICA   AND   GREAT   BRITAIN. 
1782-1783. 

Peace  between  America  and  Great  Britain     .... 
Moderation  of  Vcigcnncs  and  Shelburne        .... 

Cessation  of  hostilities 

The  king  of  England  invites  a  cordial  understanding  with  France 
Commercial  relations  between  America  and  England 
Fox  refuses  an  invitation  to  join  the  ministry 

Coalition  of  Lord  North  and  Fox 

Debate  in  the  peers.     Shclburne's  defence 
The  ministry  tottering.     Pitt  retires  with  dignity  . 
Shclburne's  modification  of  the  navigation  act        .        .        . 
Liberal  opinion  of  Burke 


PAOB 

.  19 
,  20 
,  20 
21 
21 
22 
23 


24 

25 

25 

26 

27 

27 

27 

27 

28 

20 

80 

80 

81 

81 

81 

32 

Sii 

34 

85 


86 

37 

87 

38 

88 

88 

89 

40 

41 

42 

43 


CONTENTS. 


Ministry  of  Fox  and  the  duke  of  Portland.    The  l<ing  against  the  ministry 

Fox  and  the  navigation  act 

Tho  unfair  offers  of  Fox  to  America.    Jay  and  tlic  slavc-trado 

The  American  commissioners  offer  mutual  unconditional  free  trade 

Debate  in  the  house  of  lords         .... 

England  excludes  American  shipping  from  the  British  West  ludiel 

Renounces  the  right  to  purchase  Amcrican-built  ships   . 

Creates  a  national  spirit  in  America 

Believes  American  union  impossible      .... 

Lord  Sheffield  on  American  conmicrco 

The  king  sure  that  America  could  establish  no  stable  government '. 
Kegret  that  the  treaty  of  peace  had  been  made  with  the  collective 'states 
The  fur-traders  induce  Lord  North  to  retain  the  interior  American  posts 
I  ox  and  reform.     The  new  colonial  system  of  Great  Brltaiu . 


Pitt 


PAoa 
,    44 

,     46 
40 
47 
47 
48 
48 
49 
BO 
GO 
61 
0! 
C2 
fiS 


CHAPTER  IV. 

AMERICA   AND   CONTINENTAL  EUHOPB. 
1T03. 

Sweden.    Prussia  .... 

Joseph  II.  and  Belgium 

Denmark.     The  free  city  of  Hamburg.     Portugal."    Russia 


Holland 
France 


Spain 


64 
6S 
C6 
67 
68 


CHAPTER  V. 

A   CALL   ON   THE   ARMY   TO    INTERPOSE. 

January-Marcli  1783. 
The  army  at  Newburg.    Its  appeal  to  congress      . 
Financial  scheme  of  Morris  and  the  grand  committee  of' con' 
Interview  of  the  grand  committee  with  the  deputies  of  the  a 
Disinterested  conduct  of  Hamilton 
Plan  of  Morris  to  coerce  congress  into  bolder  measures' 
The  debt  to  the  army  and  half  pay 
Debate  on  revenue        .... 

Madison  speaks 

Methods  of  general  revenue  . 

Pamphlet  of  Pelatiah  Webster      . 

The  array  to  force  the  grant  of  new  powers  to  tho'governmcnt 

Hamilton  to  Washington.     Gouvcrnour  Morris  to  Greene 

Opinions  of  Knox  and  Washington 

The  news  of  peace         .... 

Rutledge  proposes  a  preference  of  military  creditors 

Mercer  and  Arthur  Lee  combat  Madison 

Robert  Morris  publishes  his  letter  of  resignotion  '. 


ess 
my 


69 

GO 

61 

61 

61 

62 

63 

64 

66 

66 

66 

67 

67 

68 

68 

69 

69 


CONTENTS. 


CHAPTER  VI. 

THE   AMEEIOAN   AI4MT   AND  1X3  OIIIEP. 

March  1783. 

PAOI 

Wasliington'tf  iiicditations.     His  appeal  to  the  governor  of  Virginia      .        ,  70 

Conduct  of  Gates.     His  plan  of  action.    Armstrong's  anonymous  address      .  71 

Washington's  reply  in  general  orders 72 

Electing  of  offiecrs  of  the  army.    Washington's  address  to  them    .        .        .  73 

Their  resolutions 74 

Result  of  the  meeting.    What  congress  did  for  the  army.    News  of  peace     .  76 

Washington's  zeal  for  cstabliahiug  a  permanent  union 76 

Proclamation  of  congress 77 

CHAPTER   VII. 

DISBANDING   THE   ARMY. 

March-July  1783. 

The  rightful  claims  of  the  army 78 

Madison  proposes  a  plan  for  revenue 79 

Debt  and  resources  of  the  United  States.    Slaves  rated  as  five  to  three         .  79 

Hamilton  vyishcs  to  propose  a  federal  convention 79 

The  financial  report  adopted.    The  appeal  of  congress  to  the  states       .        .  80 

Committee  on  the  New  York  resolutions  in  favor  of  a  general  convention      .  80 

Rufus  Putnam  plans  colonizing  Ohio 81 

Timothy  Pickering  advises  the  exclusion  of  slavery 81 

The  ordinance  of  Bland 81 

Discharging  the  army.    Society  of  the  Cincinnati 82 

How  the  army  was  disbanded  and  how  it  was  paid 82 

Washington's  legacy  to  the  people 83 

The  opportunity  of  the  citizens  of  America 84 

The  necessity  of  a  supreme  power 85 

The  choice  between  union  or  anarchy  followed  by  arbitrary  power         .        .  85 
Washington  wished  reform  through  a  convention  of  the  people     .        .        .86 


Il.-Oir  TUE  WAT  TO  A   FEDERAL  CONVENTIOK.    1788-1781. 

CHAPTER    I. 
now   THE   LAND   RECEIVED  THE  LEQAOT   OF    WASniNGTON. 

June-December  1783. 

The  universal  love  of  union.     Inter-citizenship 

How  Washington's  legacy  was  received  in  Connecticut  .... 

In  Delaware.    In  Pennsylvania 

In  South  Carolina 


89 
90 
91 
92 


CONTENTS. 


tU 


In  New  York.    In  Massacliusetta 

In  Virginia 

In  Maryland.     In  cungrc38.     Riot  in  Piiiladclphia 
Congress  adjourns  to  Princeton     .... 
Rivalry  for  the  site  of  the  federal  government 
Coalition  in  fovor  of  its  present  site 
Hamilton  on  the  defects  of  the  confederation 
Ellsworth  on  national  existence     .... 
Forebodings  of  Hamilton.    He  retires  from  congress 
Connecticut  delays  its  adhesion  to  a  federal  convention 
Forced  emigration  of  royalists       .... 
Washington  examines  the  inland  water  communieations 
Haldimand  refuses  to  surrender  the  interior  posts 
Congress  votes  Washington  a  statue.    It  receives  him 
Follows  his  counsels  on  the  army  and  navy  . 
On  interior  trade.    On  the  state  of  Ohio 
On  doing  honor  to  Kosciuszko 
An  envoy  from  the  Dutch  republic 
lladison  forced  to  retire  by  the  rule  of  rotation 
Washington  calls  on  his  old  soldiers  to  promote  union 
The  city  of  New  York  restored      .... 
The  officers  of  the  army  bid  farewell  to  Washington 
His  journey  through  New  Jersey.    Through  rhiladelphla 
lie  resigns  his  commission     .... 
Uo  returns  to  Mount  Vcinon         .        .        . 


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.    99 

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100 

101 

101 

102 

102 

103 

103 

104 

104 

106 

105 

loa 

10b 
107 
108 
109 


CHAPTER   II. 

VIRGINIA   STATESMEN  LEAD   TOWARD    A   BETTER   UNION. 

1784. 

Four  motives  to  union 110 

Congress  declines  to  lead  the  way.    England  compels  union  .        .        .        .111 

The  views  of  Virginia Ill 

Jefferson  describes  the  United  States  as  one  nation 112 

Congress  vote  them  to  be  one  nation 113 

Jefferson's  plaa  for  international  commerce.    A2ceptcd  by  congress      .        .113 
Jefferson  and  Washington  on  commerce  with  the  West         .        .        .        .114 

Honors  decreed  to  Washinii^ton  by  Virginia 114 

Washington  pleads  with  Virginia  statesmen  for  a  national  constitution         .  116 
The  great  West  to  form  an  empire  of  republics     .        .        .        ,        .        ,116 

Jefferson's  ordinance 116 

Against  slavery  in  the  West.    How  It  was  lost 117 

Jefferson's  life-long  opinion  on  slavery 118 

His  ordinance  for  disposing  of  the  public  lands 118 

The  mint  and  American  coinage.    The  cost  of  the  war 119 

Holland  and  John  Adams.    Generosity  of  France.    Jefferson's  financial  plan   120 
Patrick  Henry  disposed  to  increase  the  power  of  congress     ....  121 


Vlll 


CONTENTS. 


National  mcoauros  of  Vlr;Ti„ia 

JcfTerson  enforces  uiiioa        .  •        •        #        , 

Tlio  coran.ittcc  of  states.    Rc'tiroment  of  Robert  Morris' 

Loo  and  Mndi^on  on  a  fcdcrnl  convention 

1-Vuucc  sees  the  tendency  of  tl.o  confederation  to  dksoluUoa 

CIIAPTEIi   III. 

THE   WEST. 


1784-1785. 


His  report  to  Govcrnoi' 


Harrison 
refuses  gifts 


VVashinffton's  tour  to  tlio  West 

His  scheme  of  internal  navigation 

Lafayette  in  tho  United  States 

Washington  negotiates  bctwcca  Virginia  and  Maryland  "    II 

Virginia  appoints  commissioners  to  treat  with  Maryland 

The  fifth  congress  and  Kiehard  IIen.7  Lee  as  its  president 

hamiiel  Adams  for  t^  Hrm  government    . 

The  polities  of  Now  York  corrupted  by  its  custom-house 

>\  ashmgton's  western  policy 

IIo  brings  it  before  congress.     William  Grayson 

i^iekering  against  slavery  in  tho  ^Vcst 

King  revives  Jefferson's  antislavery  clause 
The  proposal  committed.    King's  report        '. 
Grayson  favors  the  prohibition  of  slavery 
Ilis  ordinance  for  the  disposal  of  western  lands 
Can  congress  levy  armed  men  ?     .        .        . 

CHAPTER  IV. 

THE   KEGULATIO.V  OF   CO.MMEBOE.       THE   FIFTH  C0NOKES8. 

1784-1785. 

Proposed  reform  of  the  confederacy  by  less  than  a  unanimous  vote 
Tract  by  Noah  Webster  . 

Exees.ive  importations  of  British  goods'.     The  eon'sequint  di'stress' 

Kemedies  proposed  in  New  Y  ,rk 

Pennsylvania  pioposcs  a  proteciive  system 

Movements  in  Boston  noted  by  Gravson         "        '        *        • 

Boston  demands  more  powers  for  c'ongress  and  a  protective  tariff 

Bowdom  recommends  a  federal  convention 

Instructions  to  the  Massachusetts  delegates 

Movements  in  New  Hampshire  and  Rhode  I.shnd.  "  In  Pennsjlvania 

John  Adams  applauds  a  navigation  act.    James  Monroe 

Ills  compromise  proposal  for  a  revenue.    His  report 

His  procrastination        .... 

Is  puzzled  by  Adam  Smith  on  the  Weallh  of  Nations 

1  he  extreme  South  afraid  of  a  navigation  act        .        [ 


PAQB 
.    VZl 

.  182 
.  128 
.  124 
.  124 


.  12s 
.  120 
.  127 
.  128 
.  129 
.  129 
.  ISO 
.  130 
.  ISO 
.  1.31 
.  132 
.  1S2 
.  133 
.  134 
.  134 
.  136 


.  ISd 

.  136 

.  187 

.  1S8 

.  138 

.  1S9 

.  189 

140 

140 

141 

141 

142 

H3 

144 

144 


CONTENTS. 


The  objections  of  Richard  Henry  Leo 't^i 

Monroe  wis!ie.s  hia  inaaaurc  (Icluved.     ConRross  regrets  MadiJon    .'        .'  '  14| 

The  iMasaachusctti  delegates  disobey  their  i-istruotions  .        .        .        [  |  j^g 

Their  reaauus.    liowdoiu's  reply    .        .                                         '        *  '  iaa 

The  cfTcet "* 

The  American  commissioners  for  treaties  meet  with  a  rcbul/  from  England  .  147 

John  Adams  ond  King  George 

Kiislaiid  will  not  treat  except  on  tlic  condition  of  a  prefercnco       .*        ',  ',  us 

Adams  proposes  retaliation.     Interview  of  Adams  with  Pitt  .        ',        [  ]  140 

The  United  States  agree  with  France  for  a  perfect  reciprocity        ]        .'  '  153 

France  reduces  the  duty  on  American  fish-oil.     Treaty  with  Prussia       *  '  182 

Spain  reserved.    Xobio  spirit  of  youth  Co.oli  1.    Treaty  with  Moroco'  '  168 

A  new  constitution  cannot  spring  from  congreaa '  i^^ 


CHAPTER   V. 

OBSTACLES  TO   UNION   KEMOVED  OB  QCIETED. 

1783-1787. 

State  of  religion  la  the  colonies     ... 

Virginia  disestablishes  the  church  .        . 

Hawlcy  and  the  inquisition  into  faith  by  the  temporal  power'        '. 

Decline  of  the  Anglican  church  in  Virginia 

Does  religion  need  compulsory  support  ?    Opinions  of  the  Presbyterians 

Of  the  Baptists.     Patrick  Henry  proposes  a  legal  support  for  Christianity 

Madison  opposes.     Opinion  of  Washington 

Of  the  Baptists.    Of  the  convention  of  tlie  Prc-bvtcrian  church 

Jefferson's  bill  for  religious  freedom  adopted.     Other  states  follow 

Tlie  statute  in  French  and  Italian  .... 

The  Protestant  Episcopal  church  of  the  United  States 

The  Methodists.    Their  missionaries  in  America 

Their  superintendents.     Their  liturgy 

Their  first  general  conference        ... 

The  supciintendent  defined  to  be  a  bishop.    The  Methodists  and  slaver^ 

Rapid  increase  of  the  Methodists.     Roman  Catholics  in  the  United  States 

Aajustment  of  claims  to  land  by  Massachusetts  Com  xaicut,  New  York 

By  South  Carolina,  Virginia.     Enlargement  of  Pennsylvania 

New  Yoik  yields  to  temptation.    Slavery  and  freedom  never  reconciled" 


.  164 
.  1C6 
.  1C5 
.  1S6 
.  166 
.   166 
.  167 
.  168 
.  168 
.  169 
.   169 
.  160 
.  161 
.  162 
.   163 
.   164 
.  165 
.  165 
.   166 


CHAPTER  VI, 

STATE   LAWS   IMPAini.NG   THE   OBLIGATION    OF    CONTRACTS   PROVE  THE  NEED 

OP  AN   OVEBKOLINQ   UNION. 

Before  May  1787. 
Paper  money  in  the  American  states      ... 

Laws  of  Connecticut.    Of  Massachusetts ,.« 

Of  New  Hampshire.     Rhode  Island       .  ,„„ 


i  I 


OOKTENTS. 


The  court  and  the  legislature  of  Rhode  Island  in  conflict 
The  laws  of  New  York.    Of  New  Jersey 

Of  Pennsylvania 

Of  Delaware.    Of  Maryland.    Of  Georgia. 
Of  North  Carolin"*.    Of  Vii^inia   . 
Inflexibility  of  Washington  . 
Public  opinion  on  paper  money     . 
Opinions  of  Madison  and  Roger  Sherman 


Of  South  Carolina 


CHAPTER  Vir. 

00NGBE83  OONFEBSEa  ITS  nEIPLESSNESS. 

1783-1786. 
Washington  in  private  life.    The  visit  of  Houdon 
Invitations  to  France  by  its  king  and  queen  ...'.' 
Situation  and  value  of  Mount  Vernon.    The  house  and  "grounds 

Thelands./Toes,  and  produce 

Washing       jmbarrasscd  for  income.    A  gradual  abolitionist 

His  love  .X  hunting.    He  arranges  his  papers 

His  peirect  amiability.     His  exemplary  life  .... 

His  religion.    His  hatred  of  war  ....** 

His  sympathy  for  the  Irish  and  the  Greeks    .        .'        ]        . 

His  enthusiasm  at  the  beginning  of  the  French  revolution 

He  enjoins  moderation  on  Lafayette.    In  politics  an  impartial  American 

The  commissioners  of  Maryland  and  Virginia  meet  at  Mount  Vernon 

The  results.    States  divided  on  granting  power  over  trade  to  congress 

Opinion  of  Madison 

Of  Washington.    Hesitation  of  Virginia       ..'.'. 
Maryland  suggests  a  politico-coioaiercial  commission     . 
The  wisdom  of  Madison.    Calling  a  convention  at  Annapolis 

The  sixth  congress 

More  strength  to  the  confcdcracv,  or  an  end  to  the  union       '. 

Plan  for  a  federal  convention 

Strife  between  New  Jersey  and  New  York.     Cong'-ess  interposes 

New  Jersey  leads  the  way  to  a  general  convention 

What  was  written  by  Monroe 

By  Grayson.    The  views  of  South  Carolina  . 

Monroe  opposes  a  general  convention 

Grayson's  proposal.    Proposal  of  Charles  Pinckney      .* 

IIi3  committee  offer  seven  new  articles  of  confederation 

Congress  rests  its  hopes  on  the  system  of  April  I'/SS 

Discussions  in  New  York  city        ....]' 

New  York  retains  the  collecting  of  the  revenue     . 

Pennsylvania  recedes  from  the  revenue  plan  of  congress       '. 

Does  not  heed  a  delegation  from  congress      .        .        .        .* 

Congress  expostulates  with  the  governor  of  New  York  . 

Clinton  will  not  yield.     Congress  fails  . 

Why  it  could  not  but  fail      . 


.  169 

.  170 

.  171 

,  172 

178 

174 

176 

176 


.  177 
.  177 
.  178 
.  178 
.  179 
.  180 
.  180 
.  181 
.  182 
.  182 
.  182 
.  182 
.  183 
.  183 
.  184 
.  184 
.  186 
.  186 
.  186 
.  187 
.  187 
.  188 
.  188 
.  189 
,  189 
190 
191 
192 
192 
193 
193 
193 
193 
198 
194 


I 


CONTENTS. 


CHAPTER  VIII. 

VIKOINIA  INVITES    DErUTlES  OF   THE  SEVEHAL   LEGISLATUEES   OP  THE  BTATK8 

TO   MEET   IN   CONVENTION. 

September  1786  to  May  1787. 

The  convention  at  Annapolis 'jg? 

Only  five  states  appear.  Their  extreme  caution  in  their  report  .  .  .196 
They  fix  the  time  and  place  of  a  federal  convention       ....  igg 

King  prevents  the  recommendation  of  the  measure  by  confess      .        .        .196 

Clinton  condemns  the  commissioners  from  New  York igg 

King  before  the  legislature  of  Massachusetts iqq 

Followed  by  Nathan  Dane jgi* 

Massachusetts  declines  the  suggestions  from  Annapolis  ....  197 
Madison  and  Virginia.  The  assembl;  unanimous.  Its  declaratory  preamble  .  197 
Virginia  selects  its  delegates.     Decision  of  New  Jersey  .        .         .        .  193 

Of  Pennsylvania.    North  Carolina  and  Delaware ]  99 

The  conciliatory  movement  of  King  in  congress.  It  succeeds  .  ,  .199 
The  decision  of  New  York.    The  insurrection  in  Massachusetts     .        .        .200 

Its  legislature  accepts  the  invitation  from  Annapolis 2OI 

So  do  South  Carolina  and  Georgia.     Connecticut.    New  Ilampsh're       .        .201 

Expectation  of  the  British  ministry 202 

Madison  prepares  a  complete  plan  of  a  constitution.    Jefferson's  advice        .  202 

Conciliates  Randolph,  governor  of  Virginia ;  203 

Principles  that  governed  Madison 202 

The  preparation  cf  Washington  for  the  convention 203 


JIL-THE  FEDERAL  CONVENTION. 

CHAPTER    I. 
THE   CONSTITUTION   IN   ODTLINR. 

14  May  to  13  June  1787. 

Events  overruled  by  justice.    General  desire  for  a  closer  union 
Character  of  the  elections  to  the  federal  convention 

Journey  to  Philadelphia 

Arrival  of  Washington.    Opening  of  the  federal  convention 

The  Vii^inia  members  prepare  a  finished  plan 

Washington  declares  for  a  new  constitution  . 

Position  of  Edmund  Randolph 

His  station  and  character      .... 

Virginia  unites  under  tLj  lead  of  Sfadison    . 

Shall  the  convention  vote  by  states  ?    Arrival  of 

Their  jarring  npjninns,     Washington's  appeal  to 

The  convention  organized     .... 


delegates 
hem 


207 
207 
207 
208 
208 
208 
208 
209 
209 
210 
210 
211 


i 


xu 


CONTENTS. 


i 


PAUII 

211 

211 

212 

212 

214 

216 

216 

216 

216 

210 

210 

217 

218 

219 


Limited  power  of  tlie  dclo-^atcs  from  Dclaworo     .... 

Position  of  Khodc  iHland.     Cliaractor  of  iho  delegates 

Votes  of  individual,  not  to  bo  recorded.     Kaudolul,  opens  tho  convention 

IIo  proposes  an  outline  of  a  constitution 

Proposal  of  Virginia  to  found  representation  on  free  inhabitants  .   ' 

Charles  Pinckncy  presents  a  plan.     Debates  in  comniitteo 

Hutler  supports  tho  Virginia  plan.     Government  must  act  on  individual's 

Sherman  not  yet  ready 

Debate  on  equality  of  suffrage.     Delaware  interposes 

Tho  legislature  to  bo  of  two  brandies   ....'** 

One  branch  to  be  directly  chosen  by  the  people 

Extent  of  the  federal  legislative  powers 

Tho  right  to  negative  any  state  law  denied.     Coercion  of  states 

Tho  national  executive.     Tho  mode  of  its  election  and  its  powers  "  219 

Shall  U  bo  of  one  or  n.ore  ?     Sherman  for  its  subordination  to  tho  legislature  219 

Shall  there  be  un.ty  .n  the  executive  y    Shall  it  be  chosen  by  the  people  ?     .  220 

Its  period  of  service ^         i     i     •      .  *-v/ 

How  to  bo  chosen.     How  to  be  removed 

Fpeecl,  of  Dickinson  for  a  vote  bv  states  in  one  braneh"of  the  l.-gislature 

Kandolph  proposes  an  executive  of  three  members 

Opinions  on  an  executive  council.     The  executive  to  bc'sin-lo 

The  veto  power     .        .  o  •        . 

Tho  judiciary        .        .  •        •        . 

Appointment  of  judges 

Shall  tho  house  of  representatives  be  chosen  by  the  states  ?  ' 

Or  by  the  people  ? ... 

How  both  branches  arc  to  be  chosen.     Hamilton's*  opinion 

How  to  choose  the  senate      .... 

Arc  the  states  in  danger  ?    Tl-.e  equality  of  ihe  small  states  defended  ' 

Urankhn  mterposes  as  a  peacemaker 

Connecticut  the  umpire  between  the  small  states  and  tlie  largo  ones 

The  large  states  prevail         ...  o  • 

Tho  requirement  of  an  oath 

Term  of  ollicc  and  qualitications  of  representatives 

Of  senators.     The  work  of  the  committee  ended  ."        ]        *        ' 


.  220 
.  221 
.  221 
.  222 

oo>» 

22;j 

224 

224 

224 

226 

220 

227 

227 

228 

228 

229 

229 

230 


CHAPTER  ir. 

NEW   ,ERSEY   CLAIMS   AN   EQUAL   nEPRESENTATION   OP  THE   STATES. 

From  tho  Fifteenth  to  tlie  Nineteenth  of  Jinio  1787. 
The  small  states  dissatisfied.    The  plan  of  Connecticut 
New  Jersey  resists  the  large  sta' '8        .        .  '        " 

Tho  plan  of  New  Jerr  ^         ..." 

Debate  on  the  extent  of  the  powers  of  'the  convention  *        '        ' 
I  atcrson  pleads  for  the  equality  of  tho  .tates  in  one  supreme  council 
Debate  on  the  sovereignty  of  a  single  body   . 
Speech  and  plan  of  Hamlltoa 


231 
232 
233 
233 
231 
234 
236 


t 
f 


cnt 


iia 


on 


'IS 


LtU 


PAttl 

211 
211 

'212 
'212 
'214 
216 
215 
216 
216 
216 
216 
217 
218 
.  219 
aturc  219 
.  220 
.  220 
.  221 
.  221 
.  222 
.  222 
.  222 
.  22;i 
.  224 
.  2'24 
224 
.  225 
226 
227 
227 
228 
223 
229 
229 
230 


ATE8. 


231 

232 
233 
233 
231 
234 
236 


CONTENTS. 

How  his  plan  was  received 

The  Virginia  i)lau  reported  to  the  house        ...."* 

CHAPTER  III. 

THE   CONNECTICUT   COMPnOMlSE. 

From  the  Nineteenth  of  Juno  to  the  Second  of  July  1787 
The  states  and  the  nation.     Independence  declared  unitedly 


09 


Connecticut  takes  the  lead 

Ciiaractcr  of  Uoger  Sliermau 

Of  Johnson.     Of  Ellswortli 

Federal  and  national.     Speech  of  Mason  for  two  brand 

Sl'.erinnn  for  two  branches    ... 

Tlio  convention  decides  for  two  branches 

Wilson  speaks  for  the  Reneral  Kovcrnment  and  the  state  Rovirnmcnts 

Ellsworth  would  graft  «  general  ,rovernment  on  the  state  governments 

riio  mode  of  choosuig  and  term  of  office  of  the  senators 

The  decision.    Tierce  contest  between  the  smaller  states  and  the  large 

iirankhn  proposes  jirayer      .         . 

The  debate  continues     .        ,         .         _ 

Suffrage  in  the  first  branch  proportioned  to  population  * 

Ellsworth  would  have  the  vote  in  the  senate  by  states   . 

Speech  of  Haidwin.     Wilson  refuses  to  yield 

So  does  Madison.     Persistence  of  Ellsworth 

He  is  supported  by  North  Carolina        .         .        .*        ' 

The  convention  equally  divided 

Appointment  of  a  grand  committee  to  report"  a  compromise 

CHAPTER  IV. 

THE   ADJUSTMENT   OF   REPKESENTATION. 

From  the  Third  to  the  Twenty-third  of  July  1787. 

Franklin's  compromise 

Morris  chums  rei)resent,ation  for  property 

The  ratio  of  representation  referred  to  a  committee 

Kcport  of  the  committee 

Appointment  of  a  committee  of  one  from  each  state 

Madison's  proposal  of  compron.ise.     Report  of  the  new  committee 

Approved  l.y  all  except  South  Carolina  and  Georgia 

1  atcs  and  Lansing  desert  their  post 

The  southern  states  have  a  majority  in  Ihc  convention  ."        .* 

Abolition  of  slavery  in  the  North 

Movement  against  the  slave-trade.     Two  elas'scs  of  shive  .tatcs 

Jealousy  of  the  speedy  preponderance  of  western  states 

The  equal  rifihts  of  the  western  states  maintained 

btrifc  on  the  representation  for  slaves  . 

A  triple  set  of  parties  prevent  a  decision.     Ua.l.  'proposal  of  Morris 


ZUl 

FAflB 

,  237 
,  238 


.  28» 
.  289 
.  240 
.  241 
.  243 
.  248 
.  244 
.  244 
.  245 
.  246 
ones    246 
.  247 
.  24S 
.  249 
.  249 
.  260 
.  261 
.  262 
.  268 
.  2S8 


.  265 
.  266 
.  256 
.  267 
.  257 
.  258 
.  259 
.  269 
.  260 
.  2«0 
.  2C1 
.  262 
.  268 
.  264 
.  266 


XIV 


CONTENTS, 


in  the 


Taiatlon  and  representation 

Slaves  to  be  counted  as  three  fifth's  in  r'epresLntation    .'        *        * 

Morns  fears  mjury  to  commerce  from  the  influence  of  western  8tat.« 

tlTTT^.  '"  *'°  ''''''^  '^^^"^'^  proportioned  to  numb  r 
Effect  of  the  decision  on  the  political  power  of  the  Sou^  "  . 

The  senate  to  vote  by  states  ' 



CHAPTER   V. 

THE  OCTLIXK   OK   THE   OONSTITaXIOX   COM..ETKD   AND  HEKBKREn 

From  the  Seventeenth  to  the  Twenty-seventh  of  July  1787 

Extent  of  the  jurisdiction  of  federal  tribunals        ' 
How  the  new  constitution  was  to  be  ratified 

Character  of  Rutledge  .        .  "        '        * 

Industry  of  the  commi1;t'_     .        .        '        "        ' 
Anxiety  of  the  country .        .        .        "        '        ' 


CHAPTER  VI. 

THE  COLOXIAL  SYSTEM  OF  THE  UNITED  STATES. 

From  January  1786  to  July  1787 

The  ordinance  of  1787.    Treaty  with  the  Shawnees 

Monroe's  journey  to  the  West        .  "        *        * 

Report  of  a  grand  committee  on  the  western  territory    '        *        ' 
Monroes  plan  for  a  north-western  ordinance.  ^   '        •        • 

JUonroe  and  restrictions  on  slavery  '        '        *        ' 

Jealousy  of  the  western  states.     Kaskasic.as 

Urgent  need  of  a  territorial  government.     Progress  of  the  bill      * 

P«r;;f  Wes^  "^-^^^^^^  ''-  ^^-    «^^  --•"  —ington 

Cutler  before  congress.    Carringtdn's  report 

Richard  ircnry  Lee  on  a  new  committee  of  seven  *        "        '        * 

ci:r  c'oXr-^  '^^^^"•^*-^  «^  ">^  ^--^-^  S^--   -its  ciauses 
Grayson  and  slavery.    Nathan  Dane  and  Kin-»      '        '        '        ' 


rAoa 
.  2C5 

.  266 

267 

267 

268 

2G9 


270 
270 
271 
272 
272 
273 

274 

274 
276 
276 


277 
277 
278 
279 
279 
279 
.  280 
.  280 
.  281 
.  282 
.  283 
.  283 
.  284 
.  286 
.  286 
.  286 
.  286 
.  287 
.  288 
.  289 


rAoa 

.  266 

.  266 

28  .    .  267 

.  267 

.268 

.  2C9 

EERED. 

1787. 

states  .  270 

.  270 

.  271 

.  272 

.  272 

.  273 

; 

a  the 

. 

.  274 

. 

.  274 

. 

.  276 

. 

.  276 

irvc 


Dn 


.  277 
.  277 
.  278 
.  279 
.  279 
.  279 
.  280 
.  280 
.  281 
.  282 
283 
283 
284 
28S 
285 
286 
286 
287 
288 
289 


CONTENTS. 

History  of  the  clause  a«»ainBt  slavery     . 

Virginia  accepts  the  ordinance  with  its  exclusion  of  slavery  .* 

The  rights  of  the  free  negro  in  New  York  and  Virginia         '. 

CHAPTER  VII. 

THE  CONSTITUTION  IN  DETAIL.      THE  P0WEE8  OF  00NORES8. 

From  the  Sixth  of  August  to  the  Tenth  of  September  1787. 
Report  of  the  committee  of  detail ... 

The  constitution  a  government  by  the  people 

Membership  of  a  colony  defined.    Who  are  the  people  o'f  the  United  States  ? 

The  new  government  a  unity  in  plurality.    The  tripartite  division  of  powers 

Election  of  the  members  of  congress     ,        .  "^  powers 

Continuous  succession  of  the  government  provided  for  ' 

The  new  government  to  be  supported  from  the  common  treasury 

dumber  of  representatives    ... 

Qualifications  of  membership.    Discrimination  agilinst  the  forei<m" 

Property  qualification  rejected       ....  " 

The  quorum.    Qualifications  of  electors* 

To  be  established  by  each  state  for  itself 

Relation  of  the  slave-trade  to  representation.     Of  slavery 

Why  slaves  should  not  be  represented  .        . 

The  question  adjourned.    Powers  granted  to'the  new  government 

i-ower  to  emit  paper  money  discussed  by  Hamilton 

By  Gouvemeur  Morris  ...  * 

By  Mason,  Gorham,  Mercer,  illswirth,  Randolph,  'wilson,  and  Lanffdon 

Madison's  vote  decides  that  the  power  shall  not  be  grantek 

How  friends  of  paper  money  stand  in  history 

Power  of  the  states  to  emit  paper  money       .        .'        '        * 

The  power  absolutely  prohibited  ..'**' 

Power  left  to  the  states  to  interfere  with  contract^       '        * 


XV 

PAOB 

.  289 
.  291 
.  291 


born 


But  not  to  interfere  ex  post  facto.  The  term  «  post  facto  defined 
Power  o  the  congress  to  encourage  manufactun.s'^y  Impost  dutes 
^'^^n^!:'''^'^'^^'-  --^ge  manufactures? 


Power  confined  to  the  United  States 

States  not  to  treat  with  foreign  powers  or  other  states  .' 

oiaves  and  representation 

Who  are  citizens  ?    Fugitive;  from  justice.    FugiUve  slaves 


292 
292 
293 
293 
.  294 
.  294 
.  294 
.  294 
.  295 
.  296 
.  297 
.  298 
.  299 
.  299 
.  801 
,  801 
302 
302 
303 
303 
804 
805 
305 
806 
807 
807 
807 
808 
308 
809 


CHAPTER  Vlir. 

THE   CONSTITUTION    IN   nRTATT        mr,^    „ 

TION    IN   DETAIL.      THE    POWERS    OF   CONGRESS,    CONTINUED. 

From  the  Middle  to  the  End  of  August  1787 

Power  of  declarinff  wnr     Qercvi]  rm-^^t'  '      -'-, ^^^ 

-.     -^f^ncra!  proi^osmons  01  Madison.    The  army         .812 


XVI 


CONTENTS. 


II 


N'av7  and  militia.    Clause  on  the  militia 

Compromise  on  the  appointment  of  militia  officers' 

Power  to  execute  the  powers  granted.    Treason    .        !        .'        * 

State  laws  cannot  shield  the  traitor       ....'"* 

Commerce  and  the  slave-trade       ...""'• 

Exports  exempted  from  taxation.    Debate  on  continuing  the"s!ave-trad, 

bouth  Carol-na  and  Georgia  threaten  to  secode 

Dicltinson  hints  at  a  compromise  .... 

North  Carolina  will  join  South  Carolina'and  Gcorsia  on"the  question 

1  he  question  committed        ... 

The  questions  of  the  slave-trade  and  of  a  navigation  act  committed 

The  compromise  of  the  committee.    Final  shape  of  the  compromise 

Slave-trade  abolished  after  twenty  vears.    Doom  of  slave-holding 

Why  the  British  failed  in  retaining  the  South 

How  slaves  may  emerge  into  tiio  human  character' 

Grant  of  power  to  regulate  commerce    ...'*' 

The  admission  of  new  states  within  the  limits  of  the  United  States 

The  admission  of  new  states  from  abroad  permitted 

Special  provision  for  the  admission  of  Vermont 

^"^  sLel  '°"^'''''  "'"'  '^'  ^"""'"'^  """^  °'^^'  P^^P^"-*^  °^  '*^°  U'^Jted 
...  '*''••••.. 

Umit  on  the  taxation  of  slaves 


PAGB 

.  813 

.  314 

.  314 

.  314 

.  316 

.  316 

.  318 

,  318 

319 

319 

320 

320 

321 

322 

322 

323 

823 

823 

324 

324 
326 


CHAPTER  IX. 

THE   PBESIDKNT. 

July,  August,  and  September  1787. 

The  choice  of  the  president  a  difficult  problem.    How  shall  he  be  chosen  ? 

oiiall  he  be  re-cligible  ? 

The  tenure  of  good  behavior  considered        .        .        .        . 

The  tenure  for  seven  years  with  perpetual  ro-clidbility  " 

Choice  by  the  national  legislature  and  re-elii:ibiiity  incompatible  ."        .* 

The  choice  of  the  president  by  the  aggregate  people  rejected        .        . 

The  choice  by  an  electoral  college.    Objections  started  against  it  .        . 

A  triple  executive  proposed  .... 

Relation  of  re-eligibility  of  the  executive  to  ihe  length  of  the  period  of  offieJ  330 

Md  son  , Ices  best  the  election  by  the  qualified  part  of  the  people  at  large    .  3  0 

The  smaller  states  would  have  each  one  vote  for  two  candidates    . 

Ihe  convention  votes  for  a  single  executive,  to  be  chosen  by  the  legi.iature 

for  seven  years,  and  to  be  ineligible       . 
The  decision  not  accepted  as  final.    Report  of  the* committee  of  detail  ."        ' 
Antagonism  of  the  smaller  and  the  large  states 

The  choice  of  the  president  by  the  vote  of  the  states  negatived     .'        '        " 
Subject  referred  to  a  committee  of  eleven      .  '        \t± 

Opmions  of  Gouverneur  Morris.     Of  Sherman  I* 

Report  of  the  committee        .  

The  president  to  be  voted  for'  in  the  electoral  eolle'ges  o'f  the'statel       .'        .'  886 


326 
327 
328 
328 
328 
328 
829 
330 


330 

3.31 
332 
382 


radc 


3  United 


PAOl 

.  313 

.  314 

.  314 

.  314 

.  316 

.  316 

.  318 

.  318 

.  319 

.  319 

,  320 

320 

321 

323 

822 

323 

323 

823 

824 

824 
826 


)3on?  .  326 
.  327 
.  328 
.  328 
.  328 
.  328 
.  329 
.  330 
)f  office  330 
arge  .  330 
.  330 


slatui'e 


331 
332 
332 
333 
334 
334 
S35 
335 


CONTENTS. 

And  the  vote  to  be  counted  by  the  senate 

The  plan  of  leaving  so  much  power  to  the  senate  objected  t^        * 

bpeech  of  Wilson .... 

Of  Hamilton.    How  the  votes  were  to  be  counted ' 

The  mode  of  counting  in  Massachusetts  preferred  to  that  of  Virrinia 

A  summary  statement  of  the  metliod  adopted        .        . 

Election  of  the  vice-president        .        .  •        •        .        . 

Title  of  the  president.    The  veto  power.    Power  of  pardon  .*        * 

Ihe  president  commander-in-chief 

Restraints  proposed  on  the  executive  power. '  A  p'rlvy  iouneil  pro'posed 

1  he  plan  for  a  counc.l  rejected.    Relation  of  the  president  and  the  senate 

Power  of  war  and  peace.     Over  intercourse  with  foreign  states 

Power  of  appomtment.    Power  of  removal 

Qualifications  of  the  president.    Impeachment  of  the  pr'eside'nt     .'        ' 

fetate  of  the  president  while  on  trial.    Judgment  in  case  of  impeachment 

CHAPTER   X. 

THE  FEDERAL  JUDICIARY. 

August  and  September  1787 

J^piurp^X'*"'- ""° ':""'":' "^ "' '* ^»-  • 

Organization  of  federal  courts  

Judges  not  removable  by  address. '  E.t'ent  oi  the  'judicial  po'wer  .'        " 
Ihe  judiciary  and  unconstitutional  laws  i-     <=•■  > 

Senate  to  try  impeachments.    To  cases  begimiing  and  e"nding  in  a  state 
Th   original  jurisdiction  of  the  supreme  court.    Its  appellate  powers 
Method  of  choosing  it.    The  supreme  court  and  lecislativo  In^  7    " 
Protection  against  erroneous  judgments  ^  encroachments 

Methtrr  ^f.^T^^'-  ^y  tl^-^  good  «ense  of  the  "land."  "  * 
Methods  of  consolidating  the  union.  Of  bankruptcies  Of  mon.v  i  •„ ' 
Number  of  the  house  of  representatives         .  ""'^  '""' 

How  the  constitution  was  to  be  ratified  

Randolph  and  Franklin  for  another  federal  convention  "        *        *        ' 

*  •  •  • 

CHAPTER  XI. 

THE   LAST  DAT8   OF   THE   CONVENTIOK. 

From  tho  Twelfth  to  the  Seventeenth  of  September  1787 
Final  draft  of  the  constitution       . 
The  c-onstitution  the  institution  of  a  go^ernm'ent  by  the'people      " 

How  to  mtroduce  the  constitution.    The  keeper  of  the  pursT       ' 
Power  to  cut  eannU  nor.oti„^A  '  ^  P""^^® 

VOL.   TI.-.2  '  • 


XVH 

PAoa 
.  886 

.  886 

.  887 

.  888 

.  8S8 
.  839 
.  841 
.  342 
.  342 
.  343 
.  344 
.  34S 
.  345 
.  346 
.  347 


.  348 
.  348 
.  349 
.  350 
.  350 
.  361 
.  351 
.  352 
.  362 
.  353 
.  354 
.  354 
.  365 
.  366 


,  867 
367 
367 
868 
369 
369 
860 
860 


XVlll 


CONTENTS. 


Of  a  university.    No  state  to  trespass  on  the  rights  of  another  state 

The  obligation  of  contrants    . 

The  distribution  of  representation 

Slavery  not  recognized  as  a  legal  condition 

Modes  of  amending  the  constitution 

Mason  dreads  navigation  acts.    Indecision  of  Randolph 

Firmness  of  Pinckney 

The  constitution  ordered  to  be  engrossed 
Washington's  remark  to  members  of  the  convention 

Speech  of  Franklin 

An  amendment  adopted  at  the  wish  of  Washington 

Appeals  of  Morris  and  Hamilton  to  every  one  to  sign  the  constitution 

Three  refuse         ..... 

The  constitution  signed  by  every  state. 


The  meditations  of  Washington 


Prophecy  of  F 


ranklin 


rxam 

.  8B1 

.  361 

.  862 

,  362 

,  363 

364 

364 

36.5 

305 

365 

366 

366 

366 

367 

3fi7 


ir.-TI/£  PEOPLE  OF  THE  STATES  m  JUDQMEKT  ON  THE  CONSTITU- 
TION.   1T8T-178S. 


CHAPTER   I. 

THE  OONSTITrTlON  Ilf  OONQBE88  AND  IN  VIRGINIA. 

September  to  November  1787. 

The  constitution  received  in  congress.    Opposed  in  congress 

Amendments  desired  by  Lee 

Is  supported  by  New  York.     Propositions  of  New  Jersey 

Congress  against  Lee 

A  compromise  agreed  upon.    Perseverance  of  Lee 
Efforts  of  Washington  in  Virginia 
Opponents  of  the  constitution  in  Virginia      . 
Washington  wins  over  Randolph  .... 
Monroe  writes  in  favor  of  adopting  the  constitution 

The  legislature  of  Virginia 

The  constitution  referred  to  a  state  convention      . 
But  amendments  may  be  proposed  in  the  state  conven 
PJin  for  a  second  federal  convention    .        . 
Letters  from  Washington 


ion 


.  371 

.  372 

,  373 

873 

,  374 

375 

376 

377 

377 

377 

378 

378 

379 

379 


CHAPTER   II. 

THE   CONSTITUTION   IN   PENNSYLVANIA,   DELiWAHK,    AND   NEW   JKE8ET ;    AND 

IN   GEORGIA. 


From  18  September  1787  to  2  January  1788. 

Pennsylvania 

Franklin  presents  the  constitution  to  its  legislature       .!.'.* 


381 
382 


CONTENTS. 


ou 


rxam 

.   3B1 

.  861 
.  862 
.  362 
.  363 
.  364 
.  364 
.  365 
.  365 
.  365 
.  366 
.  366 
.  366 
.  86'7 

.  m 


Long  debates  upon  it    . 

Keccption  of  the  resolution  of  congress. 

Lee  and  Wilson  in  Pennsylvania  . 

Prompt  meeting  of  the  Pennsylvania  convention 

Speech  of  Wilson  in  favor  of  the  constitution 

Opposed  by  Smilie.    And  by  Whitehill . 

On  the  want  of  a  bill  of  rights      . 

Speech  of  Findley 

The  constitution  in  the  Delaware  legislature  . 

The  Delaware  convention  ratifies  the  constitution 

Pennsylvania  ratifies  the  constitution    . 

Act  of  the  legislature  of  New  Jersey     . 

The  New  Jersey  convention  ratifies  the  constitution 

The  legislature  of  Georgia     . 

Georgia  unanimously  ratifies  the  constitution 


A  convention  called 


XIX 

PAOI 

.  382 
.  383 
.  383 
.  884 
.  884 
.  886 
.  88? 
.  888 
.  889 
.  880 
.  890 
.  891 
.  391 
.  892 
.  892 


COySTITU- 


.  371 

.  ST2 

.  878 

.  873 

.  374 

.  375 

.  876 

.  377 

.  377 

.  877 

.  378 

.  378 

.  379 

.  379 


ksey;  and 


881 
882 


CHAPTER  Iir. 

THE   CONSTITUTION   IN  CONNECTICUT   AND   MASSAOHUSETTS. 

From  26  September  1787  to  G  February  1788. 

Letter  of  Sherman  and  Ellsworth  to  the  governor  of  Connecticut  . 

The  Connecticut  convention.    Speeches  of  Ellsworth  and  Johnson* 

James  Wadsworth  and  answers  to  him  . 

Wise  conduct  of  Hancock     .... 

Massachusetts  calls  a  convention  .        .        .        .         ' 

Condition  of  the  state.     The  elections  ...        * 

Samuel  Adams.    Opening  of  the  convention  .        .        '. 

Elbridge  Gerry.    Conduct  of  Samuel  Adams  . 

Objections  to  the  constitution.    Property  qualifications 

Representation  of  slaves.     On  a  religious  test 

Period  of  office  for  senators.    King  explains  the  constitution 

Dawes  argues  for  protective  duties        .... 

The  convention  wavering       .... 

It  follows  Washington's  mode  of  avoiding  a  second  convention 

Obj(!Ctions  made  and  answered      .... 

The  slave-trade.     Hancock  proposes  resolutions    . 

Supported  by  Samuel  Adams         .....' 

Amendments  referred  to  a  committee    .... 

The  committee  report  its  approval  of  the  constitution 

Objections  on  the  score  of  the  slave-trade 

And  for  the  want  of  a  bill  of  rights       .        .        .        ] 

Stillman  speaks  for  the  constitution 

In  what  words  Hancock  proposed  the  question      .* 

The  vote.    Acquiescence  of  the  opposition 

Madison  adopts  the  policy  of  Massachusetts  .        '.        [ 

Opinions  of  JeiTerson 

Of  John  Adams  ... 


.  893 
.  894 
.  394 
.  895 
.  395 
.  396 
.  397 
.  393 
.  398 
.  399 
.  899 
.  899 
.  400 
.  401 
.  401 
.  402 
.  403 
.  404 
.  404 
.  404 
.  405 
.  405 
.  405 
.  406 
.  406 
.  406 
.  408 


XX 


CONTENTS. 


CriAPTER  IV. 

THE   00N8TITtTTI0N   IN   NEW   TIAMPSniRE,  MARYLAND,  AND  SODTII  OABOHNA. 

From  February  to  tho  Twonty-third  of  May  1788. 
The  constitution  in  New  Hampshire      .... 
Its  convention  adjourns.    The  assembly  of  Maryland  calls  a  convention" 
1  he  cabals  of  Virginia.    Influence  of  Washington 
The  election  of  a  convention  in  Maryland 

Advice  of  Washington.    The  convention  of  Marvlund  at  Annapolis 
Conduct  of  Chase.    Of  Paca 

Conduct  of  enomlos  and  friends  to  the  federal  government 
Tho  constitution  ratified.    No  amendments  proposed 
Maryland  will  have  no  separate  confederacy.     Hopefulness  of  Washington 
The  constitution  in  South  Carolina.    Attitude  of  its  assembly        .       ° 
Debate  between  Lowndes  and  Pinckney 

Why  there  was  no  bill  of  rights  ....'*' 
Speech  of  Rutledge.  Call  of  a  convention.  The  convention  organized  " 
The  constitution  ratified.    Joy  of  Gadsden.    Effect  on  New  Hampshire 


PAni 

409 

410 

410 

410 

411 

412 

412 

413 

413 

414 

415 

418 

419 

420 


CHAPTER  V. 

THE  OOXSTITUTION  IN  VIBGINIA   AND  IN  NEW   nAMPSniBE. 

From  May  1785  to  tlio  Twenty-fifth  of  June  1788. 

Jay'o  negotiation  with  Gardoqui 

Alarm  of  tho  southern  states 

Danger  of  a  separation  of  the  southern  states 

Failure  of  tho  negotiation.     Washington       ..."." 

And  Jefferson.     Randolph  will  support  the  constitution        .* 

Effect  of  the  example  of  Massachusetts  on  Virginia 

The  opposition  in  tho  Virginia  convention.     Madison    . 

And  Pendleton.     Mason.     Patrick  Henry  leads  the  opposition 

Is  replied  to  by  Pendleton  and  Madison 

Praise  of  the  British  constitution  .....*] 
Madison  compares  the  British  and  American  constitutions     .' 
Henry  speaks  against  the  judiciary  system.     Marshall  defends  it 
The  debtor  planters.    Henry  on  a  separate  confederacy 

Mason  and  Madison  on  the  slave-trade 

And  Tyler.    Henry  fears  emancipation  by  the  general  government 
Noble  speech  of  Randolph.     Slavery  condemned  by  Johnson 

Navigation  of  the  Mississippi 

Contest  between  the  North  and  the  South      .        .        .        .' 

The  power  to  regulate  commerce.    The  prohibition  of  paper  money 

Quieting  language  of  Henry 

The  convention  refuses  a  conditional  ratification   . 

The  ratification.     Its  form.    Acquiescence  of  the  opposition '. 

New  Hampshire  ratifies  before  Virginia 


.  421 
.  422 
.  422 
.  423 
.  424 
.  426 
.  426 
.  426 
.  427 
.  427 
.  428 
.  429 
.  430 
.  431 
,  432 
,  432 
483 
433 
484 
435 
436 
436 
487 


%! 


CONTENTS. 


XXI 


n  OABOHNA. 

• 
• 

FAR! 

. 

.  409 

Ion 

.  410 

.  410 

.  410 

.  411 

.  412 

.  412 

.  413 

ngton 

.  413 

.  414 

.  415 

.  418 

id. 

.  419 

ro 

.  420 

.  421 

.  422 

.  422 

.  423 
.  424 
.  426 
.  426 
.  426 
.  427 
.  427 
.  428 
.  429 
.  430 
.  431 
,  432 
.  432 

483 

433 

434 

435 

436 

436 

437 


r.-me  federal  oovEiiKHExr.  jiws  mr 
CHAPTER  I. 

THE  CONSTITUTION. 
1787. 


TIic  American  constitution.    Its  forerunners 

Its  place  In  the  world's  history.     Individuality  lhe\ba 

Why  the  English  language  maintained  itself  . 

The  constitutiop  In  harmony  with  Individuality 

Freedom  of  the  individual  in  religion     .        .        * 

Slavery  an  anomaly       ... 

Tripartite  division  of  the  powers  of  government 

Tripartite  division  of  the  power  of  legislation 

How  the  constitution  is  to  be  amended  .        .        ] 

The  United  States  a  continental  republic 

A  federal  republic  with  complete  powers  of  government 

Powers  of  the  states  not  by  grace,  but  of  ri.^ht 

Sovereignty  of  the  law.    Who  arc  the  peopfe  of  th'o  Un' 

Their  power.    New  states  to  be  admitted  on  equal  terms 

Necessity  of  revolution  provided  against 

Extending  influence  of  the  federal  republic 

The  philosophy  of  the  people         .        .        . 


acter  of  Americans 


ted  Stated 


CHAPTER  n. 

THE   LINOEEINO  STATES. 

From  1787  to  the  Second  of  August  1788. 
The  Federalist  and  its  authors 
Hamilton  and  a  revenue  tariff 

Unreasonableness  of  New  York.     Organization  of 'the  federal 
Olmton  recommends  the  encouragement  of  manufactures 
Aew  York  legislature  orders  a  state  convention.     The  electo 
Ihe  meeting  of  the  convention  deferred  till  June  . 

Division  of  partios  In  New  York 

Meeting  of  the  convention.    Livingston'opens  the  debate 

Speeches  of  Lansing,  Smith,  and  Hamilton 

News  from  New  Hampshire.    Success  in  New  York  depends 

Hamilton  declares  his  opinions.    Clinton  replies 

News  received  of  the  ratification  by  Virginia 

May  New  York  ratify  conditionally  ? 

Debate  between  Smith  and  Hamilton.     Lansing  ho'lds  out 

Madison  condemns  a  conditional  ratification  . 

The  opposition  in  New  York  give  way  . 

But  ask  for  a  second  federal  convention.    jJv  of  New  York  city 

Convention  of  North  Carolina  ^ 


republicans 


oa  Virginia 


rAQB 

.  441 
.  4'<2 
.  442 
.  448 
.  448 
.  444 
.  445 
.  446 
.  447 
.  447 
.  448 
.  448 
.  449 
.  4S0 
.  460 
.  460 
.  461 


.  462 
.  463 

.  454 
.  455 
.  455 
.  466 
.  455 
.  450 
.  466 
.  457 
.  457 
.  458 
.  468 
.  459 
.  459 
.  460 
-  460 
.  460 


zzii 


CONTENTS. 


la  divided  by  parties     . 

Amondinents  proposed.     Tho  deeiblon  postponed 

Conduct  of  Rhode  Inland 


CHAPTER  in. 

THE   FEDERAL  QOVEK.VMENT  OF  THE   U.VITED  STATES. 

From  1788  to  the  Fifth  of  May  1789. 
Relations  of  America  to  Europe     . 
Encroachments  of  England  in  Maine  and  in  tl"»c  West 
John  Adams  returns  home.     Adams  and  Jefferson 
Moderation  of  the  Pennsylvania  minority.     Albert  Gallatin 
The  Virginia  assembly  demands  a  second  federal  convention 
Lee  and  Grayson  elected  senators  .... 
Connecticut  refuses  a  second  convention.     And  Massaeliusetts 
And  Pennsylvania.     Dilatorincss  of  congress 
Measures  for  commencing  proceedings  under  the  constitution 
Federal  elections  in  New  York 

In  Virginia.    In  South  Carolina    ...'.' 
Party  divisions.     Debates  in  congress  on  protection 
Washington  sees  danger  to  the  union  from  tho  South 
Ilis  resolution  on  leaving  Mount  Vernon 
Uis  reception  at  Alexandria.     At  Baltimore. '  In  Delaware 
At  Philadelphia.     At  Trenton.     In  New  York 
His  inauguration.     His  address  to  the  two  houses 
Public  prayers  in  the  church.     Description  of  Washington 
Address  to  him  from  the  senate.    From  the  representatives 
State  of  Europe  at  the  time  .... 
And  of  America 


PAfll 

.  461 
.  408 
.  40S 


.  468 
.  463 
.  464 
.  465 
.  46S 
.  466 
.  466 
.  466 
.  466 
.  466 
.  467 
.  468 
.  469 
.  469 
.  470 
.  470 
.  471 
.  472 
.  472 
.  472 
.  474 


PI 


HISTORY 

or  TBI 

FORMATION  OF  the  CONSTITUTION 


or  THX 


U:^ITED  STATES  OF  AMERICA. 


IN  FIVE  B00K8. 


I.— THE  CONFEDERATION. 

II.-ON  THE  WAY  TO  A  FEDERAL  CONVENTION. 
III.-TIIE  FEDERAL  CONVENTION. 

IV.-TUE  PEOPLE  OF  THE  STATES  IN  JUDGMENT  ON  THE 
CONSTITUTION. 

V.-THE  FEDERAL  GOVERNMENT. 


~.J-T 1 


THE 


FOEMATIOiY  OF  THE  COi\STITUTIOI 


OF  TBK 


UNITED    STATES    OF   AMERICA. 


IN  FIVE  BOOKS. 


BOOK  FIRST. 

THE  CONFEDERATION. 

To  Jui^E  1783. 


p 


<"^' 


V*  "i.. 


t  —%ii.i**fHmf 


yi^^^>i^^^%n , 


ijtm/IUrff 


-'»<lrtf*.f^ 


CHAPTEK  I. 


A  EETEOSPECT.      EAELY   MOVEMENTS   TOWARD   UNION. 

Iu43-I781. 

The  order  of  time  brings  us  to  tlie  most  elieering  act  in 
the  political  history  of  mankind,  when  thirteen  republics,  of 
which  at  least  three  reached  from  the  sea  to  the  Mississippi, 
formed  themselves  into  one  federal  commonwealth.  There 
was  no  revolt  against  the  past,  but  a  persistent  and  healthy 
progress.  The  sublime  achievement  was  the  work  of  a  people 
led  by  statesmen  of  earnestness,  perseverance,  and  pubKc  spirit, 
instructed  by  the  widest  experience  in  the  f  oi-ms  of  representa- 
tive government,  and  warmed  by  that  mutual  love  which  pro- 
ceeds from  ancient  connection,  harmonious  effort  in  perils,  and 
common  aspirations. 

Scarcely  one  who  wished  me  good  speed  when  I  first  es- 
sayed to  trace  the  history  of  America  remains  to  greet  me 
with  a  welcome  as  I  near  the  goal.  Deeply  gvateful  as  I  am 
for  the  friends  who  rise  up  to  gladden  my  old  age,  their  en- 
couragement must  renew  my  grief  for  those  who  have  gone 
before  me. 

"While  so  much  is  changed  in  the  living  objects  of  personal 
respect  and  affection,  infinitely  greater  are  the  transfonnations 
in  the  condition  of  the  worid.  Power  has  come  to  dwell  with 
every  people,  from  the  Arctic  sea  to  the  Mediterranean,  from 
Portugal  to  the  bordei-s  of  Eussia.  From  end  to  end  of  the 
United  States,  the  slave  has  become  a  freeman ;  and  the  va- 
rious forms  of  bondage  have  disappeared  from  European 
Christendom.  Abounding  harvests  of  scientific  discovery  have 
been  garnered  by  numberiess  inquisitive  minds,  and  the  wild- 


6 


THE  CONFEDERATION. 


B.  I.  ;  OH.  I. 


est  forces  of  nature  have  been  taiiglit  to  become  the  docile 
helpmates  of  man.     The  appUcation  of  steam  to  the  purposes 
of  travel  on  land  and  on  water,  the  employment  of  a  spark  of 
light  as  the  carrier  of  thouglit  across  continents  and  beneath 
oceans,  have  made  of  all  the  inhabitaots  of  the  earth  one  so- 
ciety    A  journey  round  the  world  has  become  the  pastime  of 
a  hohday  vacation.     The  morning  newspaper  gathers  up  and 
brings  us  the  noteworthy  events  of  tlie  last  four-and-twenty 
hours  m  every  quarter  of  the  globe.    All  states  are  beginning 
to  form  parts  of  one  system.     The  "new  nations,"   which 
Shakespeare  s  prophetic  eye  saw  rising  on  our  eastern  shore, 
dwell  securely  along  two  oceans,  midway  between  their  kin  of 
Grreat  Britain  on  the  one  side  and  the  oldest  surviving  empire 
on  the  other.  °      ^ 

More  than  two  thousand  years  ago  it  was  truly  said  that 
the  nature  of  justice  can  be  more  easily  discerned'in  a  state 
than  m  one  man.*    It  may  now  be  studied  in  the  collective 
states  of  all  the  continents.    The  ignorance  and  prejudices  that 
come  from  isolation  are  worn  away  in  the  conflict  of  the  forms 
of  culture.     We  learn  to  think  the  thought,  to  hope  the  hope 
of  mankind.     lormer  times  spoke  of  the  dawn  of  civihzation 
m  some  one  land ;  we  live  in  the  morning  of  the  world.    Day 
by  day  the  men  who  guide  public  affairs  are  arraigned  before 
the  judgment-seat  of  the  race.     A  government  which  adopts 
a  merely  sellish  policy  is  pronounced  to  bo  the  foe  of  the  hu- 
man family.     The  statesman  who  founds  and  builds  up  the 
well-being  of  his  country  on  justice  has  all  the  nations  for  a 
fZ    ""t  Y'}^f'^'^  and'  a«  one  of  our  own  poets  f  has  said, 
Ihe  hnked  hemispheres  attest  his  deed."     He  thrills  the 
world  with  joy ;  and  man  becomes  of  a  nobler  spirit  as  he 
learns  to  gauge  his  opinions  and  his  acts  by  a  scale  commen- 
surate  with  his  nature. 

History  carries  forward  the  study  of  ethics  by  following 
the  footsteps  of  states  from  the  earliest  times  of  which  there 
IS  a  record.  The  individual  who  undertakes  to  capture  truth 
by  solitary  thought  loses  his  way  in  the  mazes  of  speculation, 
or  mvolves  himself  in  mystic  visions,  so  that  the  arms  which 

*  riato  in  the  Republic,  Book  ii.    Boklier,  III.,  i.,  78. 
t  Emerson :  Tlio  Adirondacks,  248. 


B.  I.  ;  OH.  I. 

e  the  docile 
the  purposes 
f  a  spark  of 
and  beneath 
arth  one  so- 
3  pastime  of 
thers  up  and 
r-and-twenty 
•e  beginning 
ms,"  which 
istern  shore, 
their  kin  of 
v'ing  empire 

I7  said  that 
I  in  a  state 
e  collective 
judices  that 
f  the  forms 
e  the  hope 
civilization 
orld.     Day 
jned  before 
lich  adopts 
of  the  hu- 
Ids  up  the 
tions  for  a 
'  has  said, 
thrills  the 
3irit  as  he 
!  commen- 

following 
liich  there 
'ture  truth 
)ecuIation, 
'ms  which 


1643-1754.     EARLY  MOVEMENTS  TOWARD  UNION. 

he  extends  to  embrace  what  are  but  formless  shadows  return 
empty  to  ms  own  breast.     To  find  moral  truth,  he  must  study 
man  m  action.     The  laws  of  which  reason  is  conscious  can  be 
tested  bes    by  experience;  and  inductions  will  be  the  more 
sure,  the  larger  the  experience  from  which  they  are  drawn 
However  great  may  be  the  number  of  those  who  persuade 
themselves  that  there  is  in  man  nothing  superior  toWmself 
lustory  mteiToses  ;vith  evidence  that  tyranny  and  wrong  leVd 
mevitably  to  decay;  that  freedom  and  right,  however  hard 
may  be  the  struggle,  always  prove  resistless.     Through  tMs 
assurance  ancient  nations  learn  to  renew  their  youth;  the  ri! 
ing  generation  is  incited  to  take  a  generous  part  in  the  gra^d 
drama  of  time;  and  old  age,  staying  itself  upon  sweet fl^e 
as  Its  companion  and  cherisher,*  not  bating  a  jot  of  courage 
nor  seeing  cause  to  argue  against  the  hand  or  the  will  of  a 
higher  power,  stancls  waiting  in  the  tranquil  conviction  that 
path  of  humanity  is  still  fresh  with  the  dc.vs  of  mo  Jng 
that  the  Redeemer  of  the  nations  hveth.  ^ 

The  colonies,  which  became  one  federal  republic,  were 
founded  by  rival  powei..  That  difference  of  olgln  aid  the 
consequent  antagonism  of  interest  were  the  motives  to  the  fii.t 
American  union.  In  1643  three  New  England  colonies  oined 
ma  short-hved  "confederacy"  for  muttal  protection^  espt 
-ally  agamst  the  Dutch;  each  member  reserving  its  p  culS 

Zcll         '''  ^'™"^^*'  '^^'  ^^  ^^^-^  -^^  ^-  the^ene::! 

Common  danger  gave  the  next  impulse  to  collective  action 
Rivers,  which  were  the  convenient  war-paths  of  L  nates* 
flowed  m  every  direction  from  the  land  of  the  Fiv  Ka  ^^^ 
|ainst  whom,  m  1084,  measures  of  defence,  extendiW  fri' 
North  Carolina  to  the  northern  boundary  of  New  EiWand^ 
were  concerted.  Later,  in  1751,  South  CaLnaTohied  north' 
ern  colonies  in  a  treaty  with  the  same  tribes  ^ 

On  the  side  of  England,  James  II.,  using  the  simple  method 
of  the  prerogative  of  an  absolute  king,  belan  thlTlT 
of  colonial  legislatures,  and  the  co^soi^^^^Z^^^ 


8 


TIIK  CONI'MDHKATION. 


B.  I. ;  on.  I. 


' 


tho  nilo  of  «>n.<  gov(>n.or.  After  (li„  M.i^lish  rovol.ih'n.i  of 
KiSSliiul  ^r;iiM(<(l(.oiiHisl(Mi('.v,  th,<  rt'spoiiHiMo  govcnuM.-!.!  wliich 
It  ostabliMluMl  would  gl,i,||y  l.Hv,^  .IrviH,.,!  oMoni.ifon.iHVHfcni 
ofo<»l()miil  admim'Hlnilion;  mill  in  KI'.MlMio  m.'wIj  (Mvalrd'l.o.inl 
of  trad.',  of  which  .lohn  Locko  wa«  a  inciiduT,  nugp-Htcd  (ho 
app.)i..(in,MH  of  a  oaptaiii-goiuM-al  of  all  t],,,  fo.voH  0.1^1,0  ronti- 
nrnt  of  Noilh  AnuM-Ica,  with  mich  power  an  could  bo  oxer- 
CKscd  through  I  ho  prcrogativo  of  a  const  itutioual  King. 

In  1(1J>7  Wiilian.  IVnn  appcarcdbcfom  (hchoard  and  ad- 
vised an  antnial  "coj.groMH"  of  two  dch-galcM  fn.n.  ca.'h  one  of 
tho  American  i)rovinc,(«H,  to  dotcnnino  hy  pluralily  of  voices 
tho  wavsand  nu-ans  for  Hupp,H-ling  th.-ir  union,  providing  fur 
thoir  Hafety,  and  i-egulating  their  ciunnierco. 

Ill   ITL'l,  to  ensure  the  necvied  co-operation  of  th(<  colonicH 

111  th.M-ivalry  of  England  with   Krance  for  North   American 

terrilory,  the  plan  altrihuled  I,.  I..rd  Slaii-s  provided  for  a  h)rd- 

lieutenant  or  capt-un-general  over  them  all ;  and  for  a  gcM.eral 

oouneil  to  which  each  i)rovincial  aKM,«ml)lj  hIiomM  s,-nd  two  of 

its  memluM-s,  electing  on(>  of  the  two  in  alternate  yeaix     Tho 

lordlieutenant  of  the  king,   in  conjunction   with  "the  g(>n(>ral 

council  on  behalf  of  th.'  colonies  was  then  to  allot  tho  <piota,H 

ol  men  and  monev  which  the  several   aAsembli(>s  were  to  raise 

by  laws  of  tluMr  own.     All  these  projects  slumbered  among 

heaps  of  neglected  papers. 

On  tho  tinal  struggle  between  Kngland  and  France,  tho 
zeal  of  tho  colonists  snrpa.ssed  that  of  tho  motlu>r  country 
A  union.  ]MH>posed  by  Franklin  in  n.M,  wouhl  have  pro- 
serve<l  the  domestic  institutions  of  tlu^  sovoral  colonies.  I-'or 
the  ulTaii-s  ,>f  tho  whole,  a  g(>veriior-g,>neral  was  to  bo  appoint- 
ed trom  England,  and  a  legislature,  in  which  tho  representa- 
tion would  have  borne  some  rM-oporti,m  to  populati.m,  was  to 
bo  cliosen  triennially  by  the  coK>nies.  This  plan,  which  fore- 
shadowed tho  present  constitution  of  tho  Dominion  of  (\uiada 
and  the  federation  which  with  hope  and  applause  was  lately 
ofTorod  by  rival  nu'nistries  to  .South   Africa,  was  at  that  daV 

nMoctod  by  tho  Ih-itish  government  with  abhorrence  and  d is- 
dain. 

Tho  English  administrati.ni  confined  itself  next  to  nu^thods 
.or  obtaining  a  colonial  rovonuo.     For  this  end  Lord  Halifax, 


n.  I. ;  on.  i. 
'ovolufinn  of 

IMlKMltwIlioh 

if<»rm  HVHfcni 
'ivah«(l  hoiinl 
iKgcHtcd  tlio 
oil  Mio  coiiti- 
II M  bo  oxor- 

>MnI  iiiid  11(1- 

c.'U'li  <»im  (if 

y  «>('  voi<'(>H 

ovidiiig  i'ur 

the  coloiiicH 
1  Aiiu'riciui 
<1  for  a  lord- 
or  a  ^(Micral 
(Mid  (wo  of 
V'iiix  Tlio 
llio  general 

tlio   ([llolllH 

oro  to  raiHo 
'red  aiiiong 

I''raiico,  tlio 
T   coimtry. 
liavo    pro- 
)Mii's.     l'\»r 
lio  Mppoiiit- 
re  j)  resell  ta- 
•  >ii,  was  to 
rliieli  f o ro- 
of (^aiiada 
was  lately 
t  that  day 
CO  and  d'ls- 

o  lll(>tllodH 

d  1  Tall  fax. 


I         1754-1770.     EARLY   MOVFCMKNTH  TOWAUf)   VNUm. 


0 

ill  1754,  advJHed  thai,  the  eoniniaiKhu*  in-ehi,.f,  attended  |,y  ono 
coniniiHHionor  from  eaeh  colony,  wIi.»h<,  ..|,.eti.m  Hlnndd  he  mh 
j.Tt   to  one  negative   of  tlio  king  hy  tlio  royal  oouneil  un.| 
an.)ther  hy   (he   ,,,ya|  governor,  hIioiiM  adiimt  tho  nu^tm  of 

•'■•x'iM-olony,  uhieh  were  then  t.»  I nf,„,.ed  hy  tho  authority 

ol  parlia.nen(.     Tiiin  pliu.  wjim  niippreHHed  hy  impending  war 

(Ireat   nrKiM'n  having,  with   the  lavinh  aid  of  her  eohmiefl 

dnv.Mi  Franee  fr.M.i  ( lunada,  n.-eded  them  no  more  nw  allies  In' 

war.    From  l7<!2to  17(15  the  prohlem  waH  how  toere,i(eagran.| 

Hyntem  ol  en.pire.     .lameH  Otis,  of  ||„„(on,  w.Mild  have  had  all 

l^ingdoniH  an.l  all  outlying  poHHeMHioiiH  of  the  erown  wron/d.t 

'"to  the  (l,.Hl,  a.Hl  l.loo,|  aiMl  m..mh..rHhip  of  ono  organization  :' 

l»nt   th.M  adv.e,.,  wl.ieh   wonid    have  re.p.ired    homo   govern- 

...entH  lor  (,y,.ry  kingdom  and  forevery  eol.my,  and,  for  general 

alhi.rH,  ono  imperial  parliament  ivpreHenting  tla,  whole,  found 

no  favor.  >       <tt  * 

In  those  days  of  arlsto(M-atle  rule,  tho  forming  of  u  /M-and 
|»Ii".  of  unmn  was  aMsigned  hy  the   IJodford  fa(;ti.,„  to  (We 
<..v,mne  HstateHman   hred  to  the  law,  tho  iinpernonation  of 
xloliitry  ot  th(,  proteetiv.,  HyHt.un  m  the  Houreo  of  iJritiHh  pr«,H 
ponty,  an<l  of  faith  in  tho  .unnipoteneo  of  tho  I'.ritiHh  parlla- 
nuM.t  as   the  groundwork    of    Hritish   liherty.      Ilo  sought  to 
"n.(,e  the  thirteen  eoloni(.s  in  their  home  administr,,ti<,n  hy  th(. 
prorogat.ve;  in  their  honio  legislation  hy  .  roy,d   veto  ofaets 
ol  the.rown  legislatures;  in  tho  estahlishment  of  theirgeneral 
rovenueand  tho  regulation  of  tholr  com.norco  hy  acts  of  tho 
Untish  parliament. 

A,„I  ,.„«.,...„,,„  i„,;„  t,,o  view  of  tl,„  w,„.l,l  tl,„  ,„„  «,,,it,„I« 

tJ.o  K,.,u,ml  ,.,„„.t  „f  An.««u.l,„H..tt„,  „|,„l<„  tho  woni    for  „ 
-A.non,..,,  ,»,MKr,.«H,  ,u ,wr,  ,  of  tl,„  tlnrtoon  u,H  „t 

.l."n„Kl„a,o„  w,(l,o„t  (Loir  own  co„„o,.t,  „,„1  jy  |„.t  C„ 
their,  to  ,„Mt„  ,„  tho  ,l„„i,il  of  it„  |,o„,,r 

Tho  truest  and  f^reatoBt  UnfrHslona,,  of  thatoeotury  hroa«to,l 
the  heav.ng  wavo  and  hy  hi.,  own  foreo  „tayc,I  it,  Jt  on  rw 

tC  en  t  I      r   r''T"'''. ''"1'™"1  "  tax  on  tho  o„lo„io»  i„ 
the  lu,..t  hateful  foru,  that  it  con! J  device;  and  in  177;J  the 


•l  i 


10 


THE  (X)NFKI)1:rATI()N. 


».  t. ;  <'ii.  I. 


somul  of  toa-ol.oH(,H,  falling  into  l^wton  l,arl.,.r,  Hiarlli-d  tlu)  na- 
tions with  ilio  ncwHof  a  uniknl  and  n-HiHtant  Atncu-ica. 

In  1774  Mio  nritiHli  ])arlianu>nt  tlionglit  |)n,|u.,.  to  jMinish 
HoHton  ,,nl  altouipt  ct.orcion  by  arniH ;  "(l(>l(«gat(«  of  tlio  in- 
lial)i(anta"of  twolvo  Aniorican  colonios  in  a  continental  con- 
gross  actc'tl  'M  Olio  in  a  petition  to  llio  king. 

Tlio    potilion   \va.s    not;  roooivod.     Six  nionllis  l),.foro  iho 
(loolaration   of   indopondonoo,   TIiomiiH    Tainc*,   in   "  Ooinnion 
JSonso/'  had  writton  and  pnl.lisliod  to  tho  world  :  "  Nofliingbnt 
a,  con<in(>ntal  form  of  govonnuont  can  IvO(>i)  (ho  poaoi^  of  tin, 
continoid.^    Lot  a  continkntalconfiouknok  ho  hold,t  to  fratno 
an.NTiNKNTAi,  CM. AUTKu,  drawing  Iho  lino  of  hnsinoss  and  jin-iH- 
diction   hotwoon    niond.ors  of  congress   and  nionihors   Jf  a«- 
wnihly,  always  renuMnhoring  that  ..nrHtronglh  and  happitiesH 
arc  conlinental,  not  provincial.;};     The  bodies  chosen  confonn- 
ably  to  said  charter  shall  be  (ho  legislators  and  govornorn  of 
tins  continontJ*     We  havo  every  opportunity  and  every  e.i- 
coiiragenient  to  form  tho  noblest,  pnrest  constitution  (..l  tho 
faco  of  tho  earth."  ||     Tho  continental  c«mvention  which  waH 
to  frame  tho  constitution  for  tho  union  was  to  roprosent  both 
tho  colonies  and  the  peoi.le  of  each  colon v;  its  luembors  wi>ro 
to  bo  chosen,  (wo  by  congress   from  tho  delegation  of  each 
colony,  two  by  tho  legislature  of  each  colony  out  of  its  own 
body,  and  (ivo  tliri>ctly  by  tho  peo|)1o.''^ 

Clreat  Britain  olTercMi  its  transatlantic  dominions  no  unity 
but  under  a  parliamont  in  which  thev  wore  not  reprosontod' • 
tho  people  of  thirteen  colonies  by  sj>ecial  instructions  to  their 
delogatos  in  congress,  on  the  fourth  of  July  177(5,  declared 
themselves  to  bo  states,  independent  and  united,  and  began  tho 
search  for  a  titting  constitution. 

In  their  fh-st  formative  elToit  they  missed  tho  i)lain  road  of 
i'.nghsh  and  American  experience.  'I'lioy  i,ad  rightly  boon 
jealous  of  extending  the  supremacy  of  England,  because  it  was 
a  government  outside  of  themsc«lvcs;  they  now  applied  that 
jealousy  to  one   anotlier,  forgetting  that  tho  general  power 

*  Common  Sonsc:  original  edition  of  8  J,.niiarv  177r.  p  51 

Hl'ui.,65.  niml,  r,f,.  •     nu,i,i.,M. 

8  ApiKMHi.x.  annexed  to  second  edition  of  Common  Sense,  11  robiuarv  IIIQ 

^(.ommon  Sense,  orii;iniil  edition,  fi5. 


".  I. ;  ('II.  I. 

iricji. 

or  to  jimiisli 
OS.  of  tho  III' 
itiiioiitiil  coii- 

3  I)(»foro  tlio 


u  i^ 


('OiiimoM 
Nothing  but 
|U'!i('o  of  tim 
!(l,t  lo  fnuiio 
38H  1111(1  juriH- 
iIkts  of  iw- 
1(1  liappiiicss 
on  confonii- 
jovornorn  of 
1(1  ovory  011- 
tioii  on  tho 

which  WJ18 
)rcwMit  both 
Mnbers  wcro 
ion  of  ciich 

of  itH  own 

iiH  no  unity 
I'prosontod ; 
0118  to  their 
0,  declared 
1  bo^an  (ho 

10 II  road  of 
fj:htly  boon 
aiiso  it  was 
)plied  thiit 
M'til  power 


•uary  IT  TO. 


IV7(I  ITHO.     KMiiY   MOVKMKNTH  TOWAItl)   UNION.  u 

would  bo  in  their  own  han.k  Joseph  Ilawley  <.f  ArnsHuchn 
scttH  had  in  November  1775,  advined  annual  parlian,en,H  (,f  Z 
l.ouseH;  ,ho  coninnttoo  for  fmn.in^  tho  eonfederati,,,,,  iniHle, 
partly  bj  to  rcoted  dintrnHt  for  which  tlu,  motive  had  ce,i«ed 
H'ul  purtly  I,y  erudition  which  ntudied  Ih^IIenie  c(,„neils  an,' 
leaKMos  as  wc^ll  m  later  (•onf,.d<,raeieH,  took  for  its  pal  tern  th. 
constitution  of  the  United  Province,  with  one  ho  t 

contnil  power  of  final  (kriHion.     ThcHo  evils  we.v  ne-irlv    at  1 
to  tlio  United  IVovinccH  themHelven,  altho„,h   ev -r     <^.  t 
them  could  bo  reached  hy  a  me,sHen,..r  within'a  da/n  |o        .y 
-d  hen.  was  a  c<„itinent  of  states  wliich  could  not  be  clmHult^ 
^uthou    the    ,.s,s  of  many  months,  and  would  ever  tend  to  an- 
-1^  from  the  want  of  agreement  in  their  separate  delib cl 

.iro,,elc.Bs  of  a  g(,od  result  fn,m  the  d(,liberatIons  of  con- 
ireBHon  a  confederation,  Edward  liutledge,  in  August  in" 
;u  a  letter  to  Kobort  U.  Livin.Hton,  avo.n.,'  his  r  t     i     i 
t      '  I>-P<-'  that  tho  states  should  appoint  a  special  c(,,lress  to 
1)0  composed  of  new  members,  for  this  purpose  "  *  ' 

The  necessities  of  tho  war  called  into  being,  north  of  tho 
Potomac,  succcssivo  conventions  of  a  cluster  of  states     I    A„ 
gust  178t^  a  convention  (,f  the  No.  England  st    c^",  ittn 
declared  tor  a  moro  solid  and  permanent  union  with  (    e  su 
preino  head,  and  "a  congress  competent  for  the  gove   i ment 
of  all  t hoso  common  and  national  affairs  which  do  i.ot  no   c'm 
come  ..thm   ho  juriBdi(3tion  of  tho  particular  states."     A     i  o 
«irno     line   it  issued  an  invitation  for  a  convention  of  fZ 
New  England  states,  New  York,  and  "  othrtlnt    III  fl     I 
proper  to  Join  them,"  f  to  meet  at  Hartford  ''""^ 

ll.c    legislature  of  New  York   approved   the  measure  t 
Our  embaiTassments  in  the  prosecution  of  tho  wa  "   uch 
was  the  message  of  Governor  George  Clinton  on  thJ7  .'.rt    of 


*  RutIc(lf,'C  to  Li Vinrrston,  AllfrilHt  1 77(1        MS 

i  jjunno  to  \vnuiiiti»>..»    ii\  CI     ....  '      '    "■ 


m  y„^    y^__g"'"o'»".' 8  September  1 780.     Letters  to  Wasl 


'\ 


lington,  iii.   92. 


,1 


r; 


ft 


I 


12 


THE  CONFEDERATION. 


B,  I. ;  on.  I. 


recommendation,  we  cannot  expect  a  union  of  force  or  coun- 
cil." The  senate  answered  in  the  words  of  Philip  Schuyler : 
"  We  perceive  the  defects  of  the  present  system,  and  the  ne- 
cessity of  a  supremo  and  coercive  power  in  the  government  of 
these  states ;  and  are  persuaded  that,  unless  congress  ai-e  au- 
thorized to  direct  uncontrollably  the  operations  of  war  and 
enabled  to  enforce  a  compliance  with  their  requisitions,  the 
common  force  can  never  be  properly  united."  * 

Meantime  Alexander  Hamilton  in  swiftness  of  thought 
outran  all  that  was  possible.  Early  in  September,  in  a  private 
letter  to  James  Duane,  then  a  member  of  congress,  he  took  up 
the  proposal,  which,  nearly  five  years  before,  Thomas  Paine 
had  made  known,  and  advised  that  a  convention  of  all  the 
states  should  meet  on  the  first  of  the  following  November, 
with  full  authority  to  conclude  finally  and  set  in  motion  a 
"vigorous"  general  confederation.f  His  ardor  would  have 
surprised  the  people  into  greater  happiness  without  giving 
them  an  opportunity  to  view  and  reject  his  project.:}: 

Before  the  end  of  the  year  the  author  of  "  Common  Sense  " 
himself,  publishing  in  Philadelphia  a  tract  asserting  the  right 
of  the  United  States  to  the  vacant  western  territory,  closed  his 
argument  for  the  "Public  Good"  with  these  words:  "  I  take 
the  opportunity  of  renewing  a  hint  which  I  formerly  threw 
out  in  the  pamphlet  '  Common  Sense,'  and  which  the  several 
states  will,  sooner  or  later,  see  the  convenience,  if  not  the  ne- 
cessity, of  adopting;  which  is,  that  of  electing  a  continental 
convention,  for  the  purpose  of  forming  a  continental  constitu- 
tion,  defining  and  describing  the  powers  of  congress.  To  have 
them  marked  out  legally  will  give  additional  energy  to  the 
whole,  and  a  new  confidence  to  the  several  parts."  * 

"  Call  a  convention  of  the  states,  and  establish  a  congress 
upon  a  constitutional  footing,"  wrote  Greene,  after  taking 
command  of  the  southern  army,  to  a  member  of  congress.  || 
On  the  eleventh  of  November  able  representatives  from 

*  Hough's  Convention,  63-66. 

t  Hamilton  to  Duane,  3  September  ^80.     Hamilton,  i.,  157. 
t  Compare  McHenry  to  Hamilton.     Hamilton,  i.,  411, 

*  Thomas  Paine's  Public  Good.     Original  edition,  88. 
{ Johnson's  Life  of  Greene,  ii.,  446. 


1780-1781.     EARLY  MOVEMENTS  TOWARD  UNION.  jg 

each  of  tlie  four  New  England  states  and  New  York-John 
1.  Gihnan  of  New  Hampshire,  Thomas  Gushing,  Azor  Orne 
and  George  Partridge  of  Massachusetts,  William  Bradford  of 
Rhode  Island,  EUphalet  Dyer  and  William  Williams  of  Con 
necticnt,  John  Sloss  Ilobait  and  Egbert  Benson  of  New  York 
-assembled  at  Hartford.*     The  lead  in  the  convention  was 
taken  by  the  delegates  from  New  York,  Hobart,  a  judge  of  its 
supreme  court,  and  Benson,  its  attorney-general. f     At  their 
instance  It  was  proposed,  as  a  fomidation  for  a  safe  system  of 
hnance,  to  provide  by  taxes  or  duties  a  certain  and  inalien- 
able revenue,  to  discharge  the  interest  on  any  funded  part  of 
the  pubhc  debt,  and  on  future  loans.    As  it  had  proved  im- 
possible to  get  at  the  valuation  of  lands,  congress  should  be 
empowered  to  apportion  taxes  on  the  states  according  to  their 
number  of  inhabitants,  black  as  well  as  white.     Th  y  then 
prepared  a  circular  letter  to  all  the  states,  in  which  they  said 
"Our  embarrassments  arise  from  a  defect  in  the  present  tor 
emment  of  the  United  States.    All  government  s^up'ol^tl 
power  of  coercion ;  this  power,  however,  never  did  eist  n  he 
general  government  of  the  continent,  or  has  never  been  e^r 
cised.     Under  these  circumstances,  the  resources  and  W  of 
«ie  ccnintry  can  never  be  properly  united  and  drawn  forth 
The  states  mdividually  considered,  while  they  endlv  r     o 
retain  too  nnich  of  their  independence,  may  finally  tstle 
whole     By    he  expulsion  of  the  enemy  we  may  be  emand 
patedfrom  the  tyranny  of  Great  Britflin.  ^^     v  "^t  emanci- 
be  without  a  solif  hopj  of  IZ  ^dZ'ed:; ti  rT:^ 
properly  cemented  among  ourselves  " 

The  proceedings  of  this  convention  were  sent  to  eyerv  state 
in  the  union,  to  Washington,  and  to  congress  1    TW  t 
read  .n  congress  on  the  twelfth  of  DecemCn^Soft'd  ZZ 

JIX^U^  °'  °"  '"^  *^"'"  '"  ^"-  '"  "".per,  Of  ,ho  0,a  Cnsro,,, 

t  Papers  of  the  Old  Con-^ress  xxrW,    201  „    ... 

of  the  commissioners,  the  resohltion    ::f  !!'  '"'"^  '"'^'"^  °^  *''°  '^^'^^<^°*i^l« 

.«^-„i  ,,  ,      ,  '         resolutions  of  the  conrentin..  and  its  ]pi*or=>  t     *u 

several  states,  to  congress,  and  to  Washington.    M&  ° 


SL 


t  I 


n 


u 


TOE  CONFEDERATION 


B.  I. ;  ou.  1. 


referred  to  a  coininittee  of  five,  on  which  wore  John  Withei'- 
spoon  and  James  Madison,*  the  master  and  his  pupil.     In  the 
same  days  Pennsylvania  instructed  its  delegates  in  congress 
that  imj)ost8  en  trade  were  absolutely  necessary ;  arid,  in  order 
to  prevent  any  state  from  taking  advantage  of  a  neighbor, 
congress  should  rcconnuend  to  the  several  states  in  union  a 
system  of  imposts.f      Before  the  end  of  1780  the  legislative 
council  and  general  assembly  of  New  Jersey,  while  they  in- 
sisted "  that  the  rights  of  every  state  in  the  union  should  be 
strictly  maintained,"  declared   that  "congress  represent  the 
federal  republic."  $    Thus  early  was  that  name  applied  to  the 
United  States.    Both  branches  of  the  legislature  of  New  York, 
which  at  that  time  was  "  as  well  disposed  a  state  as  any  in  the 
union,"  *  approved  the  proceedings  of  the  convention  as  pro- 
moting the  interest  of  the  continent.  || 

With  the  year  1781,  when  the  ministry  of  Great  Britain 
believed  themselves  in  possession  of  the  three  southernmost 
states  and  were  cheering  Cornwallis  to  complete  his  glory  by 
the  conquest  of  Virginia ;  when  congress  was  confessedly  with- 
out the  means  to  recover  the  city  of  New  York ;  when  a  large 
contingent  from  France  was  at  Newport,  serious  efforts  for 
the  creation  of  a  federal  republic  began,  and  never  ceased  until 
it  was  established.  The  people  of  New  York,  from  motives 
of  the  highest  patriotism,  had  already  ceded  its  claims  to  west- 
em  lands.  The  territory  north-west  of  the  Ohio,  which  Vir- 
ginia had  conquered,  was  on  the  second  of  January  ^  surren- 
dered to  the  United  States  of  America.  For  this  renunciation 
one  state  and  one  state  only  had  made  delay.  On  the  twenty- 
ninth,  congress  received  the  news  so  long  anxiously  waited  for, 
that  Maryland  by  a  resolution  of  both  branches  of  her  legis- 
lature had  acceded  to  the  confederation,  seven  members  only 
in  the  house  voting  in  the  negative.  Duane,  who  had  been 
taught  by  Washington  tliat  "  greater  powers  to  congress  were 
indispensably  necessary  to  the  well-being  and  good  government 

*  Endorsement  by  Charles  Thomson,  secretary  of  congress,    MS. 
f  Journals  o'  Assembly,  664. 
,    X  Representation  and  Remonstrance,  printed  in  Mulford's  New  Jersey,  469 
470.  »  Washington  to  Jefferson,  1  August  1786.    Sparks,  ix.,  180. 

I  Journals  of  Assembly,  91,  93. 
^  Journal  of  Virginia  House  of  Delegates,  79. 


li'; 


>f 


1781.  EARLY  MOVEMENTS  TOWARD   UNIOiV.  ^5 

of  pul)lifi  affairs,"  *  instantly  addressed  him :  "Let  us  devote 
tins  day  to  joy  and  congratulation,  since  by  the  accomplishment 
of  our  federal  union  wo  are  become  a  nation.  In  a  political 
view  it  is  of  more  real  importance  than  a  victory  over  all  our 
enemies.  We  shall  not  fail  of  taking  advantage  of  the  favor- 
able temper  of  the  states  and  recommending  for  ratification 
such  additional  articles  as  will  give  vigor  and  authority  to  gov- 
ernment." f  The  enthusiasm  of  the  moment  could  not  hide 
the  truth,  that  without  amendments  the  new  system  would 
struggle  vainly  for  life.  Washington  answered :  "  Our  affairs 
will  not  put  on  a  different  aspect  unless  congress  is  vested  with, 
or  will  assume,  greater  powers  than  they  exert  at  present."  ^ 

To  John  Sullivan  of  New  Hampshire,  another  member  of 
congress,  Washington  wrote :  « I  never  expect  to  see  a  happy 
termmation  of  the  war,  nor  great  national  concerns  well  con- 
ducted m  peace,  till  there  is  something  more  than  a  recom- 
mendatory  power  in  congress.  The  last  words,  therefore,  of 
my  letter  and  the  first  wish  of  my  heart  concur  in  favor  of 
it."  ** 

^    The  legislature  of  Maryland  swiftly  transformed  its  resolu- 
tion mto  an  act.     The  delegates  having  full  authority,  in  the 
presence  of  congress,  on  the  first  day  of  March,  subscribed  the 
articles  of  confederation,  and  its  complete,  formal,  and  final 
ratification  by  all  the  United  States  was  announced  to  the  pub- 
he ;  to  the  executives  of  the  several  states;  to  the  American 
mmisters  m  Europe,  and  through  them  to  the  courts  at  which 
they  resided ;  to  the  minister  plenipotentiary  of  France  in 
America ;  to  the  commander-in-chief,  and  through  him  to  the 
army.ll     Clinton  communicated  "  the  important  event »  to  the 
legislature  of  New  York,  adding :  "This  great  national  com- 
pact establishes  our  union."  a    But  the  completion  of  the  con- 
federation was  the  instant  revelation  of  its  insufficiency,  and 
the  summons  to  the  people  of  America  to  form  a  better  con- 
etitution. 

*  Washington  to  James  Duano,  28  Doce  mber  1780.    MS 

f  James  Duane  to  Washington,  29  January  1781. 

t  Washington  to  Duane,  19  February  1781. 

«  Washington  to  Sullivan,  4  Febniary  1781.    Sparks,  vii,  402. 

II  Journals  of  Congress,  iii.,  681,  682,  691. 

"  Journal  of  New  York  Assembly,  for  19  March  1781. 


J!";!,- 

r.  ■     ,           • 

f 

1 

.■  ■      >. 

-•-^-^•i'immS^A^SAe,,M^SSSSBSSSSS^'S 


J    : 


a 


f 


16 


THE  CONrEDERATION". 


B.  I. :  OH.  I. 


Washington  rejoiced  that  Virginia  had  reh'nquished  her 
claim  to  the  land  south  of  the  great  lakes  und  north-west  of 
the  Ohio,  which,  he  said,  "  for  fertility  of  soil,  pleasantness  of 
climate,  and  other  natural  advantages,  is  equal  to  any  known 
tract  of  country  of  the  same  exteii'  in  the  universe."*  He 
was  pleased  that  Maryland  had  acceded  to  the  confederation ; 
but  he  saw  no  ground  to  rest  satisfied. 

On  taldng  command  of  the  army  in  Massachusetts  in  1775 
he  at  once  discriminated  between  the  proper  functions  of  indi- 
vidual colonies  and  "  that  power  and  weight  which  ought  of 
right  to  belong  only  to  the  whole ; "  f  and  he  applied  to  Eich- 
ardllenry  Lee,  then  in  congress,  for  aid  in  establishing  the 
distinction.     In  the  following  years  he  steadily  counselled  the 
formation  of  one  continental  army.     As  a  faithful  laborer  in 
the  cause,  as  a  man  injuring  his  private  estate  without  the 
smallest  personal  advantage,  as  one  who  wished  the  j^rosperity 
of  America  most  devoutly,  he  m  the  last  days  of  1778  had 
pleaded  with  the  statesmen  of  Virginia  for  that  which  to  him 
was  more  than  life.    He  called  on  Benjamin  Harrison,  then 
speaker  of  the  house  of  delegates,  on  Mason,  Wythe,  Jefferson, 
Nicholas,  Pendleton,  and  Nelson,  "  not  to   be  satisfied  with 
places  in  their  o^vn  state  while  the  common  interests  of  Ameri- 
ca were  mouldering  and  sinking  into  irretrievable  ruin,  but  to 
attend  to  the  momentous  concerns  of  an  empire." ;{:    "Till 
the  great  national  interest  is  fixed  upon  a  solid  basis,"  so  he 
wrote,  in  March  1779,  to  George  Mason,  "I  lament  the  fatal 
policy  of  the  stages  of  employing  their  ablest  men  at  home. 
How  useless  to  put  in  fine  order  the  smallest  parts  of  a  clock 
unless  the  great  spring  which  is  to  set  the  whole  in  motion  is 
well  attended  to !    Let  this  voice  call  forth  you,  Jefferson,  and 
others  to  save  their  country,"  #    But  now,  with  deeper  emo- 
tion, he  turns  to  his  own  state  as  he  had  done  in  the  gloomy 
winter  of  1778.     He  has  no  consolation  but  in  the  hope  of  a 
good  federal  government.    His  growing  desire  has  the  charac- 
ter of  the  forces  of  nature,  which  fron^  the  opening  year  in- 
crease in  power  till  the  earth  is  renewed. 

*  Washington  to  Sullivan,  4  February  1781.     Sparks,  vii.,  400. 

t  Washington  to  Richard  H.  Lee,  2>J  August  1775.    Sparks,  iii.,  6S,  69. 

t  Sparks,  vL,  150.  #  See  above,  v.,  298,  319.' 


inquislied  lier 
north-west  of 
leasantness  of 

0  any  known 
^erse."-^  He 
onfederation ; 

setts  in  1775, 
jtions  of  indi- 
ich  ought  of 
)lied  to  Eich- 
iblishing  the 
ounselled  the 
111  laborer  in 
without  the 
tie  i^rosperity 
of  1778  had 
Evhich  to  him 
arrison,  then 
le,  Jefferson, 
atisfied  with 
its  of  Ameri- 

1  ruin,  but  to 
•e.":}:  "TUl 
basis,"  so  he 
silt  the  fatal 
en  at  home, 
is  of  a  clock 
in  motion  is 
Sifferson,  and 
ieeper  emo- 

the  gloomy 
le  hope  of  a 
I  the  charac- 
ing  year  in- 

). 

iii.,  68,  69. 
8.  319. 


« 

1781.  EARLY  MOVEMENTS  TOWARD  UOTON". 

A  constant,  close  observer  of  what  was  done  by  Virginia 
he  held  in  mind  that  on  the  twenty-fourth  day  of  December 
1 .  79,  on  occasion  of  some  unwise  proceedings  of  congress  she 
had  resolved  "that  the  legislature  of  this  commonwealth  are 
greatly  alarmed  at  the  assumption  of  power  lately  exercised  bv 
congress.     While  the  right  of  recommending  measures  to  each 
state  by  congress  is  admitted,  we  contend  for  that  of  judgini? 
of  their  utility  and  expediency,  and  of  course  either  to  approve 
or  reject.    Making  any  state  answerable  for  not  agreeing  to 
any  of  its  recommendations  would  establish  a  dangerous  prece- 
dent against  the  authority  of  the  legislature  and  the  sovereigntv 
of  the  separate  states."  *  *^ 

This  interposition  of  the  Virginia  legislature  so  haunted 
Washington's  mmd  that  he  felt  himself  more  particularly  im- 
pelled to  address  with  freedom  men  of  whose  abilities  and  iudff- 
ments  he  wished  to  avail  himself.     He  thoroughly  understood 
the  obstinacy  and  strength  of  opinion  which  he  must  encounter 
and  overcome     His  native  state,  reaching  to  the  Mississippi  and 
dividing  the  South  from  the  North,  held,  from  its  geogmphical 
place  Its  numbers,  and  the  influence  of  its  statesmen,  a  power 
of  obstructing  union  such  as  belonged  to  no  other  statef  He 
must  persuade  it  to  renounce  some  share  of  its  individual  sov 
ereignty  and  forego  "  tJie  liberty  to  reject  or  alter  any  act  of 
congress  which  m  a  full  representation  of  states  has  been  sol- 
emnly debated  and  decided  on,"t  or  there  is  no  hope  of  con- 
sohdating  the  union.     His  position  was  one  of  extreme  deU- 
cacy ;  for  he  was  at  the  head  of  the  army  which  could  alone 
be  employed  to  enforce  the  requisitions  of  congress.    He  there! 
foreselected  as  theYirginians  to  whom  he  could  safely  ad- 
dress himself,  the  three  great  civilians  whom  that  common- 

nTw  statf  oT'^^'f  *'  "'^'^  '''  ''''^'  '^^^  ^^'^1^^  ^^-  *"! 
new  state  of  society  consequent  on  independence,  Jefferson 

Its  governor  Pendleton,  the  president  of  its  court  oi  appeals' 
and  Wythe,  its  spotless  chancellor.  ^ 

♦  Jonrnal  of.Houso  of  Dolesates  of  Vlrginm,  for  24  December  1779   108 
f  Washington  to  James  Duanc,  26  December  17S0  ' 

■ilo  0.  .h.  „o„b,  .ta.  „„  tt„  umc  «„d  f„,  hi,  departure  troia  „c.  In.Zl 


18 


THE  CONFEDERATION. 


n.  I. ;  on.  i. 

"  Tho  nllianco  of  tlio  states,"  ho  said,  "  is  now  complete. 
If  the  powera  granted  to  the  respective  body  of  tho  states  aro 
inadequate,  the  defects  should  bo  considered  and  remedied. 
Djuiger  may  spring  from  delay;  good  will  result  froin  a  timely 
application  of  a  remedy.     The  present  temper  of  tho  states  is 
friendly  to  the  establishment  of  a  lasting  union  ;  tho  moment 
should  bo  improved ;  if  suffered  to  ptiss  away  it  may  never 
return,  and,  after  gloriously  and  successfnlly  contending  against 
tho  usurpations  of  Britain,  we  may  fall  a  prey  to  our  own  fol- 
lies and  disputes."    lie  argued  for  tho  power  of  compelling 
the  Rtates  to  comply  with  tho  requisitions  for  men  and  money 
agreeably  to  their  respective  quotas;  adding:  "  It  would  give 
me  concern  should  it  bo  thought  of  mo  that  I  am  desirous  of 
enlarging  tho  powers  of  congress  unnecessarily ;  I  declare  to 
God,  my  only  aim  is  the  general  good."     And  he  promised 
to  make  his  views  known  to  others  besides     le  three. 

His  stepson,  John  Parke  Custis,  who  was  just  entering  into 
public  life,  ho  tlius  instructed  :  "  Tho  fear  of  giving  sullioient 
powers  to  congress  is  futile.  Under  its  present  constitution, 
each  assembly  will  be  annihilated,  and  we  must  onco  more 
return  to  tho  government  of  Groat  Britain,  and  be  made  to 
kiss  tho  rod  preparing  for  our  correction.  A  nominal  head, 
which  at  present  is  but  another  name  for  congress,  will  no 
longer  do.  Tliat  honorable  body,  after  hearing  tho  interests 
and  views  of  the  seveml  states  fairly  discussed  and  explained 
by  their  respective  representatives,  must  dictate,  and  not  merely 
recommend."  * 

To  another  Virginian,  Joseph  Jones  of  KingGoorgo  coun- 
ty, whom  he  Regarded  with  sincere  affection  and  perfect  trust 
he  wrote :  "  Without  a  controlling  power  in  congress  it  will 
bo  mipossible  to  carry  on  tho  war;  and  we  shall  speedily  be 

for  Newport.  Tho  dates  of  the  lottors  of  nsi,  informing  him  of  the  accession 
of  Murylancl,  wore,  from  Dunuc,  29  January,  MS. ;  from  Sullivan,  29  January,  MS  • 
from  Matthews,  30  January.  Lottors  to  Washington,  iii.,  218.  Washington's' 
answer  to  Sullivan  Is  4  February,  Sparks,  vii.,  4.)i> ;  to  Matthews,  14  February. 
The  confcvlcralion  being  now  closed  will.  I  trust,  enable  congress  to  speak  do- 
dshrely  m  thc.r  requisitions,"  etc.  MS.  On  the  evening  of  the  fourteenth.  Wash- 
ngtonwas  preparing  to  leave  for  Newport ;  an  unexpected  letter  from  Roeham- 
beau  deta..,od  him  in  camp  till  tho  second  of  March.  Sparks,  vii.,  440,  note 
J.  •'' ^Ushmgton  to  John  rarke  Custis.  28  February  1781.    Spa-k^i  vii    440-444 


V'*  i^ 


.',->^  •"*-  ■ 


1781.  EARLY  MOVEMENTS  TOWARD  UNION.  19 

thirteen  distinct  states,  each  pursuing  its  local  interests,  till 
they  aro  annihilated  in  a  general  crash.  The  fable  of  the 
bunch  of  sticks  may  well  bo  applied  to  us."  *  In  a  like  strain 
lie  addressed  other  trusty  correspondents  and  friends  f  IHg 
wants  as  commander-in-chief  did  not  confine  his  attention  to 
the  progress  of  the  war ;  he  aimed  at  nothing  less  tlian  an  en- 
during government  for  all  times  of  war  and  peace 

As  soon  aa  the  new  form  of  union  was  proclaimed,  congress 
saw  Its  want  of  real  authority,  and  sought  a  way  to  remedy  the 
defect    A  report  by  Madison,  from  a  committee,^-  was  com- 
pk>ted  on  the  twelftli  and  read  in  congress  on  the  sixteenth  of 
March ;  and  this  was  its  reasoning :  «  The  articles  of  confeder- 
ation, winch  declare  that  every  state  shall  abide  by  the  deter- 
minations of  congress,  imply  a  general  power  vested  in  con- 
gress to  enforce  them  and  carry  them  into  effect.     The  United 
States  m  congress  assembled,  being  desirous  as  far  as  possible 
to  cement  and  invigorate  the  federal  union,  recommend  to  the 
^     leg^B  ature  of  every  state  to  give  authority  to  employ  the  force 

states  to  fulfil  their  federal  engagements  »  <» 

Madison  enclosed  to  Jefferson  a  copy  of  his  report,  and,  on 
account  of  the  delicacy  and  importance  of  the  subject    ex 
pressed  a  wisli  for  his  judgment  on  it  before  it  should  undergo 
the  final  decision  of  congress.     No  direct  reply  from  him  is 
preserved,  ||  but  Joseph  Jones,  who,  after  a  vi^it  to  Erchmond! 

*  Washington  to  Joseph  Jones,  21  March  1781      MS 

Snnn    "'"•''Jn?"'  ''"'"  *"  "^  ^^  ^'^'"S^'»»  of  Ncw'York,  31  January  1781 
P  arks  vn.,  m  ;  ,0  John  Snllivnn  of  Xcw  Ilampshiro,  4  Fcl  ruarv    781     i! l" 
v....  m   402,  to  John  Matthews  of  South  Oarriina.    4  Pot";  "^'r  '^ 

James  Dunne  of  New  York,  19  February  1781   MS  •  to  P.  ,      e  ,     ' .  '  '  ^° 

York,  20  February  1781    M'^  ■  t^iT  i    , '    1'  '"''^  ^^''''-Vlor  of  New 

Spark.  vnT'.fii'T'  ''Y         \'"''^^"^  i"  Massachusetts,  0  March  1781- 
o  T         A  '         '  *°'^°^^P'>  Jones  of  King  George,  Virginia,  24  March  1781   MS  • 
to  John  Armstrong  of  Pennsylvania,  20  March  1781-Sparks,    ii    4       "'  '''•' 
t  Reports  of  committees  on  increasing  the  powers  of  eon^ress  n     9     MS 

MS     M   ;••"  "^"'"'^  ""''''"'  ^'^'^'-'  ««-««•    K^Ports  of  comm^Uee,     0   22 

perfect  record/:':  I?  "'  ''""°'"'  '"^"^  '''''  "--'"-•  '^^  ""■ 

1  None  of 


vonc  of  iiio  letters  of  JefTers 


on  to  Madison  of  this  year 


I^ 


20 


THE  OONFKDICKATION. 


»■  I. ;  OH.  I. 


was  a^^'iin  in  Phihulolpliia  about  tl.o  middlo  of  May,  ^ravo  to 
AlmliHoii  a  c.py  of  tlio  letter  of  WaHlungton  to  Joll'orHon  uiul 
liw  two  aHsoc'iateH.*     Thovo  wore  no  cliancoa  tlmt  tlio  proposal 
of  l^Fadison  mouIcI  Lo  a]>i)rovod  by  any  ono  etato,  yofc  on  tlio 
second  of  May  it  wsw  referred  to  a  grand  coniniitteo;  tlmt  ig, 
to  a  ooinniittoe  of  one  fi-om  each  stato.t     On  the  eightoeuth 
the   ('^levalier  de   la  Luzerne,  then  the  French  niiniHtor  in 
America,  sent  this  dispatch  toYergennes:  -  There  is  a  feeling 
to  reform  the  constitution  of  congress;  but  the  articles  of  con- 
federation, defective  as  they  are,  cost  a  year  and  a  half  of  labor 
and  of  debates ;  a  change  will  not  encounter  loss  dilliculty,  and 
It  appears  to  mo  there  is  more  room  for  desire  than  for  hope."  ^ 
^  Even  while  ho  was  writing,  the  movement  for  reform  re- 
ceived a  new  impulse.    In  a  pamphlet  dated  the  twenty-fourth 
and  dedicated  to  the  congress  of  the  United  States  of  America 
and  to  the   ii.ssembly  of  the  Btat(>  of  Pennsylvania,  AVilliam 
Barton  «  insisted  that  congress  should  "  m)t  be  left  with  the 
more  shadow  of  sovereign   aulhority,  without  the  right  of 
exacting  obedience  to  their  ordinances,  and  destitute  of  the 
means  of  executing  their  resolves."     To  remedy  this  evil  ho 
«hd  not  look  to  congress  itself,  but  ''  indicated  the  necessity  of 
their  calling  a  ontiiuMital  convention,  for  the  express  purpose 
of  ascertaining,  defining,  enlarging,  and   limiting  the  duties 
and  powers  of  their  constitution."  ||     This  is  the  third  time 
that  the  suggestion  of  a  general  constituent  convention  was 
brought  before  the  country  by  the  i)re88  of  rhiladelphia. 

*  Madison  P:ipors,  Gilpin's  edition,  81. 

t  Reports  of  oommittccs  on  incroasinp;  tlio  poAvci-8  of  congress,  22.     MS. 

t  Luzerne  to  Vergcnnes,  18  May  1781.     MS. 

»  Not  by  rolatiuh  Webster,  us  stilted  by  Ma.Iison.  M.idinon  Papor.^,  Gilpin's 
edition,  70(1 ;  llllioi'..-,  .stereotyped  reprint,  1 1 7.  Tir.st :  nt  a  later  period,  Webster 
oolleeted  Lis  pninpldots  in  a  volume,  and  tliis  one  is  not  nniong  tlien. ;  a  dis- 
claimer which,  under  tlio  cireuinstanccs,  is  eonelusive.  Tlio  style  of  tl.is  i)ainplilet 
of  1781  is  totally  unlike  the  stylo  of  I'elatiah  Webster.  TiirouBl.  my  friend  V 
D.  Stone  of  Pliiladelphia  I  havo  seen  the  bill  for  printi.iR  the  jiainplilet;  it  was 
made  outnpainst  William  Hnrton  ami  paid  by  him.  Further:  liarton  from  time 
to  time  >vn>te  pamphlets,  of  which,  on  a  careful  comparison,  the  style,  languaRo 
and  forn.s  of  expression  arc  found  to  correspond  to  this  pamphlet  published  in 
1  *81.     Witiiout  doubt  it  was  written  by  William  Rarton. 

,.c!  ^l;'");f"""-'  °"  ""^  •'•^'""■•o  ""<>  I's^  of  l''MHn-  Credit,  etc.,  rhiladelpliia. 
1<51,  37.    Ihe  preface  of  the  pamphlet  is  dated  24  May  1781. 


1781. 


May,  gavo  to 
I'lTorHoii  and 
till)  jiroposal 
I,  }-ofc  oil  tlio 
too;  that  ie, 
0  oightoeuth 

ministor  in 
!  IB  a  feeling 
lelos  of  con- 
lialf  of  labor 
illiciilty,  and 
for  hope."  ^ 
'  reform  re- 
cnty-fourth, 
of  America 
lia,  AVilliam 
(ft  with  the 
le  right   of 
tnte  of  tlio 
this  evil  ho 
iioeesHity  of 
0S3  pnrposo 

the  duties 
third  time 
'ontiou  was 
Ipliia. 


2.    MS. 

M'ors,  Gilpin's 
'liod,  Webster 
tlioni ;  a  ilis- 
tliis  pamplilet 
I  my  friend  F. 
il>lilet;  it  was 
ton  from  time 
yU>,  Inngunge, 
t  published  in 

riijliidclphia, 


EARLY  MOVEMENTS  TOWARD   UNION. 


21 


4^ 


The  grand  ('ommittoo  of  thirteen  delayed  tl 


.,  ■    ,     ,  V--  "loir  rej)ort  till 

tliG  twentieth  of  July,  and  then  only  expresHed  a  wIhIi  to  give 
congress  power  in  time  of  war  to  lay  an  embai-go  at  least  for 
sixty  days,  and  to  appoint  receivers  of  tho  money  of  the  United 
States  as  soon  lus  collected  by  state  ollicers.  %  their  advice 
tho  business  was  then  referred  to  a  committee  of  threo.^ 

Day  seemed  to  break  when,  on  the  twentieth  of  July,  Ed- 
mund Kand()lj)li,  who  had  just  brought  from  Virginii!  tho 
news  of  its  disposition  to  strengthen  the  general  government 
Oliver  Ellsworth  of  Connecticut,  and  James  M.  Varnum  of 
lihode  Island,  three  of  tho  ablest  lawyers  in  their  states,  were 
selected  to  "  i.repare  an  exposition  of  the  confederation,  to 
devise  a  plan  for  its  complete  execution,  and  to  t-resent  sup- 
plomental  articles."  f  ^ 

In  support  of  the  proceedings  of  congress,  Hamilton,  during 
July  and  August,  i,ubHslied  a  series  of  paj,ers  which  he  called 
lie   Contmentalist."     "  Thero  is  hardly  a  man,"  said  he, 
who  will  not  acknowledge  tho  confederation  unecmal  to  a 
Vigorous  prosecution  of  tho  war,  or  to  the  preservation  of  tho 
union  111  peace.     The  federal  government,  too  weak  at  first 
will   continually  grow  weaker." ^      "Already  somo  of    tho 
states  Lave  evaded  or  refused  the  demands  of  congress;  tho 
currency  IS  depreciated  ;  public  credit  is  at  tho  lowest  ebb    our 
army  deficient  in  numbers  and  unprovided  with  everytliinij  • 
t^ie  enemy  nutking  an  alarming  progress  in  the  southern  states ;' 
Cornwallis  still  formidable  to  Virginia.     As  in  explanation  of 
our  embarrassments  nothing  can  bo  alleged  to  tho  disaffection 
of  tho  people  we  must  have  recourse  to  impolicy  and  misman- 
agement in  their  rulers.     Wo  ought,  therefore,  not  only    o 
strain  every  nerve  to  render  the  present  campaign  as  decisive 
as  possible,  but  we  ought,  without  delay,  to  enlarge  the  powers 
0    con,™     Every  plan  of  which  this  is  not  the  founltion 
will  be  Illusory      The  separate  exertions  of  the  states  will 
never  snfhce.     Nothing  but  a  well-proportioned  exertion  o 
tlio  resources  for  the  whole,  under  the  direction  of  a  common 

Report  of  tho  grand  committee.     MS. 
t  Report  of  the  committee  of  three 


f 


a- 


sa 


TiiK  ^(>NKR^KRATro^f. 


II.  I  ;  (til.  I. 


it 


'i    'l!i 


oounollwiMi  ]Knvor  snlliouMif,  to  ^riv,>  (.ftU-MPy  «„  (|„Mr  rm.lii. 
tioiiH,  cm  prcH(M«V('  im  fn.ni  being  a,  con.iiKM-tHl  p.-oplo  now,  or 
cuTi  jMiilvo  US  a  linpj>y  oik?  licrcnftiM'." 

IMio  ooiunWttoo  of  tlnv(»,  R,nn<l..lpl.,   KIIhwoi-M.,  -ntid  Van. 
nmn,  mndo   their  report  on    tho   twcMitj-WTond   of  Au|r,i8t,. 
Tl.ov  (locli)iod  to  propnn^  an  exposition  of  tlu^  confederation," 
l)e<'au.s,«  sneh  a  eonitnent  wonld  bo  voluini».onH  if  co-exfe.mivo 
with  tho  Hubj.'ot;  and,  in  tho  etun.ieralion  of  poworH,  oniiHHionH 
wonhl  beeonio  an  argnnient  agai    i  ^S.eir  exiHtence.    Wilh  pro- 
fessional  «>xaotnesH  they  exphu.io^l    m   tvvent.y-ono   eai^oH  tho 
"manner"  in  winch  "tho  confe(h>ration  re.piired  oxoention." 
Ah  to  ddin.puMit  Htat,>s.  they  a.lvis,^!,  "  That— as  Ameriea  bo. 
came  a  eonfe(i(M'a((i  ivpnbh'o  to  enish  tho  pnwMit  and  futnro 
foosof  herin.h'pench'i.ee;  as  of  this  repnbh'o  a  general  conn- 
ed is  a  necessary  organ ;  and  as,  withont  tho  extension  of  its 
power,  war  may  nn-eivo  a  fatal  inclination  and  ])eace  bo  ex- 
posed to  daily  convulsions— it  bo  resolved  to  reconnnend  to 
tho  several  ptutos  to  authorise  the  Uin'tod  States  in  co.igroHS 
nAsembled  to  lay  end)argo(^M  and  pn^seribe  ndes  for  impr(<ssing 
property  in  time  of  war;  to  appoint  eollectorrt  of  taxcH  i-o- 
Unired  by  congress;  to  admit  new  states  with  the  consent  of 
any  dismejuben^l  state;  to  establish  a  <>onsnlar  svstem  withont 
r.'forence  to  the  states  individnally ;  to  .listraiTi  tl.e  propet>ty  of 
n  state  delincpient  in  it^  assigned  ]m>portion  of  men  and  moi'iey; 
and  to  vary  the  rid(>fl  of  suffrage  in  eongress  so  as  to  decide! 
the  most  important  (p.estiona  by  tho  agivoment  of  two  thirdH 
of  tho  ITnited  States."  * 

It  was  further  proposed  to  make  a  representation  to  the 
several  states  of  the  necessity  for  these  supplemental  jiowei-s, 
and  of  pursuing  in  their  development  ono  uniform  plan. 

At  the  time  when  this  ivi)ort  was  made  tho  country  wafl 
nnising  it.^  energies  for  a  final  campaign.  N(«w  England'  with 
it.s  nulitia  a.^sisted  to  man  tho  lines  near  New  '^'ork ;  (he  com- 
mander-iji-chief  with  his  army  had  goTie  to  meet  (\)rnwallis  in 
\  irgmia:  and  (^,.-eeno  was  recovering  the  thi-ee  southcrnmoBt 
states.  Few  ]>ei>5ons  in  that  moment  of  suspense  cared  to  road 
tho  |x>litical  es.«;aya  of  Uamilton,  and  he  hastened  to  take  part 
m  tho  w;ir  under  tho  command  of  Ufayette.     Tho  hurry  of 

*  Hoporfs  on  inorcnsing  tlio  powers  of  congress. 


17H1. 


EAHLY  MOVEMENTH  TOWAUIJ   UNION 


Ui 


Ii,  luid   Vur- 
of  Aii^imf.. 
nfodcration, 
co-i'xtciiHlvo 
I'H,  oniiMHlotm 
Willi  |)ro- 
a   vmoA  tlio 
ox(MMitl(tn." 
America  bo- 
und fuliiro 
'luTiil  coun- 
imion  <»f  i<H 
caco  1»(>  ox- 
HMincnd  to 
in  conp^roHH 

f   tllXCH   1*0- 

(•otiHcnt  of 
MM  wiHiout 
[)r()|K'rty  of 
iid  money; 
n  to  (It'cido 
two  thirdfl 

ion  to  tlio 
a  I  jioworn, 
ilau. 

'untry  wnfl 
i:laiid  witli 

llio  com- 
•nwalliH  in 
lliornniost 
ihI  to  road 
tnko  part 

hurry  of 


10  fe. 


crowded  lioiirH  loft  no  opi)ortiiriity  for  doliborution  on  tl 

form  of  tlio  (MMiHtitiition.  Momovor,  tlio  oommittoo  of  tliroo 
whilo  tlioy  roco^MiiHod  (lio  duty  of  (»l)odionoo  on  tlio  part  of  tlio 
HtatoH  to  Iho  rtMpiiHitioiiH  of  con^m.HH,  know  no  way  to  foroo 
moil  into  tlio  ranl<H  of  tlio  army,  or  dintrain  tlio  jn-oju-rty  of  ii 
Hialo.  Tlioro  ooiild  ho  no  (!oorcion  ;  for  (W(<ry  ntalo  wiih  a  do- 
liiKjuont.  Had  it  hoon  otliorvviw^  tlio  oooroion  of  a  Htato  hy 
foroo  of  arniH  \h  civil  war,  and,  from  tlio  woaknoHH  of  tho  con- 
fodorm-y  and  tho  Htrongtii  of  organ i/ation  of  (-a(-h  wparato 
Htato,  tho  attempt  at  coercion  would  liavo  hoon  diHimion. 

^  Vet  it  waH  necoHHary  for  tho  piihlic  mind  to  pann  throiigli 
tliiH  ])roceHH  of  reaHoning.  'I'lio  c<.nvi('tion  that  tla^  confiidcracy 
could  i)rop()Ho  no  remedy  for  itH  weakncHH  hut  the  impnicticfi- 
hlo  Olio  of  the  (coercion  of  Rovoroign  HtatoH  (!om])ellod  thoHoarch 
for  a  really  eHicient  and  moro  humano  form  of  govormncnt. 
Meantime  tho  n'port  of  Randolph,  KIlHworth,  and  Varnum,' 
which  waH  tho  iVHult  of  tho  deliheratiouH  of  nearly  eight 
montliH,  f(-ll  1„  the  ground.  Wo  whall  jiot  Iiavo  to  wait  long 
for  a  word   from  WaHhington  ;  and,  when  ho  next  wpoakH,  he 

will  J)ro|)080  "  A   NEW   CONHTITUTION." 


Ill 


1 

'1 1 

vl 

'^ 

II 

1 

24 


THE  CONFEDERATION. 


B.  I. ;  ou.  It 


J  I  :•< 


CHAPTER  II. 

THE   STRUGGLE   FOR   REVENUE. 

1781-1782. 

Schuyler  Lad  been  led  by  his  own  experience  to  perceive 
the  necessity  for  the  states  to  surrender  some  part  of  their 
sovereignty,  and  "  adopt  another  system  of  government."  On 
the  tvventy-lirst  of  January  1781  he  moved  in  tlie  senate  of 
New  York  to  request  the  eastern  states  to  join  in  an  early 
convention,  which  should  form  a  perpetual  league  of  incorpo- 
ration, subservient,  however,  to  the  common  interest  of  all  the 
states;  invito  others  to  accede  to  it;  erect  Vermont  into  a 
state ;  devise  a  fund  for  the  redemption  of  the  common  debts ; 
substitute  a  permanent  and  uniform  system  for  temporary 
expedients ;  and  invest  the  confederacy  with  powers  of  coer- 
cion.* 

"  We  stand  ready  on  our  part  to  confer  adequate  powers 
on  congress,"  was  the  message  of  both  houses  to  tliat  body  in 
a  letter  of  the  fifth  of  February,  written  in  the  name  of  the 
state  by  their  joint  committee,  on  which  were  Schuyler  and 
Benson,  f 

Washington  had  been  taught  by  his  earliest  obser^•ation  as 
general,  and  had  often  declared  the  indispensable  necessity  of 
more  responsibility  and  permanency  in  the  executive  bodies.  ^ 
The  convention  at  Boston  of  August  1780  had  recommended 

*  Schuyler  to  Washington,  21  January  17S1.   Letters  to  Washington,  iii.,  213. 

t  Letter  from  tlic  state  of  New  Yorit  to  congress,  5  February  1781.  Papers  of 
Old  Congress,  Ixvii.,  344.  MS.  A  copy  of  the  letter  was  sent  to  Washington  by 
Clinton,  14  February  1V81.     Letters  to  Washington,  xlvi.,  172.     MS. 

t  Washington  to  Duanc,  26  December  1780. 


1781. 


THE  STRUGGLE  FOR  REVENUE. 


25 


;ton,  iii.,  213. 


"  a  permanent  system  for  tlio  several  departments."  ^  Ilamil 
ton  "was  among  the  first  who  were  convinced  tliat  tlieir  ad- 
ministration by  single  men  was  essential  to  the  proper  manarre 
ment  of  affairs."  f  On  the  tenth  of  January  1781,  congress 
mitiated  a  reform  by  establishing  a  department  of  foreign 
affairs;:]:  but  more  than  eight  months  elapsed  before  it  was 
filled  by  Robert  R.  Livingston. 

There  was  the  most  pressing  need  of  a  minister  of  war 
After  tedious  rivalries  and  delays,  Benjamin  Lincoln  was 
elected ;  but  ho  did  not  enter  npon  the  ofiice  till  near  the 
end  of  November,  when  the  attempt  of  Great  Britain  to  sub- 
jugate America  had  ceased. 

For  the  treasury,  John  SulUvan  suggested  to  Washington 
the  name  of  Hamilton.*  How  far  Hamilton  had  made  a 
study  of  finance,  Washington  did  not  know;  but  ho  said: 
^  l^ew  of  his  age  have  a  more  general  knowledge,  and  no  one 
IS  more  firmly  engaged  in  the  cause,  or  exceeds  him  in  probity 
and  sterling  virtue."  f  Li  February  the  choice  fell  on  Robert 
Morns  and  unanimously,  except  that  Massachusetts  abstained 
from  the  ballot,  ^  Samuel  Adams  preferring  the  old  system  of 
committees.^  '' 

While  Morris  delayed  his  acceptance,  Hamilton,  who  had 
been  tire  first  to  present  his  name  for  the  place,  opened  a  cor- 
respondence with  him.    «  A  national  debt,"  ho  wrote  "  if  it  is 
not  excessive,  will  be  a  national  blessing,  a  powerful  cement  of 
union,  a  necessity  for  keeping  up  taxation,  and  a  spur  to  in- 
r.    '   \./      recommended  a  national  bank,  with  a  capital 
of  ten  or  fifteen  millions  of  dollars,  to  be  paid  two  sixths  in 
specie,  one  sixth  m  bills  or  securities  on  good  European  funds 
and  three  sixths  in  good  landed  security."  It  was  to^e  erected 
into  a  legal  corporation  for  thirty  years,  during  which  no 

*  irough'9  edition  of  Convention  at  Boston,  3-9  August  1780  61 
t  Hamilton  to  Robert  Morris    SO  Am-il  T7«i .  it      -i,        .        ' 

3  September  I VSO.    Ibid.,!,!™.'  '       "''"°"'  '•'  '^^'  ^'^  ^"''«»«' 

X  Journals  of  Congress,  iii.,  604. 

*  Sullivan  to  Washington,  29  January  1781.     MS 

I  '^^V:^r^^  ''  ""''''  ''''■    ^-'^  ^'^^^^^  ^°  Sparks,  vii..  400. 


h   ,,,  , 


26 


THE  CONFEDERATION". 


B.  I. :  OH.  n. 


I 


i 


other  bank,  public  or  private,  was  to  be  permitted.     Its  capi- 
tal and  deposits  were  to  bo  exempt  from  taxation,  and  the 
United  States,  collectively  and  particularly,  and  conjointly 
with    the    private  proprietors,   were  to  become  re8pon8il)le 
for  all  its  transactions.     Its  sources  of  profit  were  to  bo  the 
sole  right  of  issuing  a  currency  for  the  United  States  equal 
in  amount  to  the  whole  capital  of  the  bank ;  loans  at  a  rate 
not  exceeding  eight  percent;  discount  of  bills  of  exchange; 
contracts  with  the  French  government  for  the  supply  of  its 
fleets  and  armies  in  America,  with  the  United  States  for  the 
supply  of  their  army ;  dealings  in  real  estates,  especially,  with 
its  large  capital,  buying  at  favorable  opportunities  the  real 
estates  of  men  who,  having  rendered  themselves  odious,  M'ould 
be  obliged  to  leave  the  countiy.     Another  source  of  immense 
gain,  contingently  even  of  one  hundred  per  cent,  was  to  be  a 
contract  with  the  United  States  for  taking  up  all  their  paper 
emissions.     Incidentally,  Hamilton  expressed  his  "  wish  to  see 
a  convention  of  all  the  states,  with  full  power  to  alter  and 
amend,  finally  and  irrevocably,  the  present  futile  and  senseless 
confederation."  * 

This  communication  led  to  the  closest  relations  between 
Hamilton  and  Robert  Morris ;  but,  vehement  as  was  the  cliar- 
acter  of  the  older  man,  his  schemes  fell  far  short  of  the  daring 
suggestions  of  his  young  counsellor.    On  the  fourteenth  of 
May,  Morris  was  installed  as  the  superintendent  of  finance, 
and  three  days  later  he  laid  before  congress  his  plan  for  a 
national  bank,  f    Its  capital  was  to  be  four  hundred  thousand 
dollars  in  gold  and  silver,  with  power  of  increase  at  discretion ; 
its  notes  were  to  form  the  currency  of  the  country,  and  be  re- 
ceivable as  specie  for  duties  and  taxes  by  every  state  and  by 
the  United  States.    Authority  to  constitute  the  company  a 
legal  body  not  being  granted  by  the  articles  of  confederation, 
Morris  submitted  that  congress  should  apply  to  the  states  for 
the  power  of  incorporating  a  bank  and  prohibiting  all  other 
banljs.  ^ 

On  the  twenty-sixth,  congress,  without  waiting  to  hear  the 

*  Hamilton,  i.,  223-257. 

t  Journals  of  Congress,  iii.,  624 ;  Diplomatic  Correspondence,  vii.,  444-449. 

$  R.  Morris  to  congress,  17  May  1781.    Diplomatic  Correspondence,  si.,  864. 


B.  I. ;  OH.  II. 

1.     Its  capi- 
•n,  aud  the 
conjointly 
responsihle 
3  to  bo  the 
5tatc8  equal 
IS  at  a  rate 
:  cxcliange ; 
ipply  of  its 
itcs  for  tlie 
cially,  with 
es  the  real 
ions,  M'ould 
>f  immense 
ivas  to  be  a 
;heir  paper 
wish  to  see 
>  alter  and 
id  senseless 

18  between 
B  the  cliar- 
the  daring 
rteenth  of 
)f  finance, 
plan  for  a 
1  thousand 
liscretion ; 
and  be  re- 
te  and  by 
ompany  a 
ederation, 
states  for 
all  other 

I  hear  the 


,  444-449. 
ce,  si.,  864. 


1781. 


THE  STRUGGLE  FOR  REVENUE. 


27 
voices  of  the  states,  resolved  that  the  bank  hIiouM  be  incorpo- 
rated so  soon  as  the  subscription  sliould  be  filled  and  ollicers 
chosen.  This  vote  was  carried  by  New  Hampshire,  New  Jer- 
sey, and  the  five  soutliemmost  states,  Massachusetts  being  in 
the  negative,  Pennsylvania  divided,  and  Madison  alone  of  the 
four  members  from  Virginia  opposing  it  as  not  witliin  the 
powers  of  the  confederation. 

^      From  the  want  of  a  valuation  of  private  lands  and  build- 
mgs,  congress  had  not  even  the  right  to  apportion  requisitions. 
The  five  states  which  met  at  Hartford  had  suggested  for  the 
United  States  an  impost  as  a  source  of  revenue.     New  Jersey 
and  North  Carolina  suffered  from  the  legislation  of  the  neio-li- 
bonng  states,  which  were  the  natural  channels  of  a  part^of 
tlieir  foreign  trade:  on  the  third  of  February  1781   Wither- 
spoon  and  Burke,  their  representatives  in  congress,  reviving  an 
amendment  to  the  articles  of  confederation  proposed  by  New 
Jersey  in  1778,^  moved  to  vest  in  the  United  States  the  power 
of  regulating  commerce  according  to  "the  common  interest," 
and,  under  restrictions  calculated  to  soothe  state  jealousies 
tlie  exclusive  right  of  laying  duties  upon  imported  articles! 
Ihis  motion  which  ™  a  memorable  step  toward  union,  failed 
of  success;!  and  on  the  same  day  congi-ess  contented  itself 
with  asking  of  tlie  states,  as  an  "indispensable  necessity,"  the 
power  to  levy  a  duty  of  five  per  cent  ad  valorem  on  all  im- 
ports, with  no  permanent  exemptions  except  of  wool  cards 
and  cotton  cards,  and  ^vire  for  making  them.    This  first  scheme 
of  duties  on  foreign  commerce  sought  to  foster  American  in- 

mnl c'urer.'  ''"'"""  ''  '^''''''''  "^^^^^^  '^  *^« 

The  letter  of  the  fifth  of  February  from  the  state  of  New 

T  °?ir  T  Z^^  ""''  '*'  "^^y  ^y  ^^'^  ^otc  of  congress  of  the  third 
In  March,  New  York  granted  the  duties,  to°"be  colectedt 
siich  manner  and  by  such  officers  as  congr'ess  should  d  rect "  + 
C  nnecticut  had  acted  a  month  earlier  at  a  special  session 

et^'of  Yhe  :h  •  T  '"^f^"'  '^^  ^'^^  "*^^  its' grant  toZ 
end  of  the  third  year  after  the  war.#    New  Hampshire  fol- 


t  Ibid.,  iil.,  673. 


*  Journals  of  Congress,  ii.,  604. 
i  Papers  of  Old  Congress,  Ixxv 
'  •^-■-•-f^ongress,  iii..  594;  600.    Papers  of  Old  Congress,  l«v.    MS. 


I' 


if 

t 

1 

!l{|: 


■!  I 


I  !f(l 


k' 


i 
i, 


I     n 


98 


THE  OONFEDERATIOK. 


B.  I. ;  oa.  II. 


lowed  in  tho  first  week  of  April.^*  Mjissaohusotta  delayed  its 
consent  till  tho  next  year,  and  then  reserved  to  itself  tho  ap- 
pointment of  the  collectors. 

Outside  of  the  five  states  whicli  met  at  Ilartfofd,  the  first 
to  agree  to  tho  now  demand  were  Pennsylvania  and  New  Jer- 
sey.f     Tho  general  assembly  of  Virginia,  which  was  to  have 
met  in  llichmond  on  the  seventh  of  May,  w;i8  chased  by  tho 
enomy  to  Charlottesville,  where  it  elected  Benjamin  Harrison 
its  speaker,  and  where  John  Taylor  of  Caroline,:|:  according  to 
order,  presented  a  bill  to  enable  tho  United  States  to  levy  tho 
needed  duty.     Fleeing  beyond  tho  mountains,  they  completed 
tho  act  at  Staunton.     The  grant,  of  which  Harrison  had  been 
tho  great  promoter,**  was  restricted  neitlior  as  to  time  nor  as 
to  form.!!     Early  in  September,  North  Carolina  adopted  tho 
measure;^  Delaware  in  November;  Soutli  Carolina  in  Feb- 
ruary 1782 ;  and  Maryland  in  its  following  April  session.    Tho 
consent  of  Georgia  was  confidently  expected. 

After  the  surrender  of  Cornwallis,  tho  legislature  of  New 
York  once  more  declared  tho  readiness  of  their  state  to  com- 
ply with  any  measures  to  render  tlie  union  of  tho  United  States 
more  intimate,  and  to  contribute  their  prbportion  of  well-estab- 
lished funds.O  This  alacrity  Clinton,  on  the  twenty-fourth  of 
November,  reported  to  congress  as  the  highest  "  evidence  of  a 
sincere  disposition  in  the  state  to  promote  the  common  inter- 
est.»$ 

Meantime  the  subscriptions  to  the  bank  languished,  and 
Morris  thought  fit  to  apply  to  Jolm  Jay  for  money  from  the 
court  of  Madrid  for  its  benefit,  saying :  "  I  am  determined 
that  the  bank  shall  be  well  supported  until  it  can  support  itself, 
and  then  it  will  support  us."^     But  there  was  no  ray  of  hope 

*  Papers  of  Old  Congrc38,  Ixxiv.,  9.     MS. 

f  Dallas's  Laws  of  Pennsylvania,  i.,  SOD.  Tho  act  was  of  8  April  1781 
Journals  of  Congress,  iii.,  632.  The  act  of  New  Jersey  was  passed  2  Juno  1781 
Wilson's  Acts  of  New  Jersey,  191. 

X  Journal  of  House  of  Delegates,  30  May  1781. 

*  Harrison  to  Washington  31  March  1783. 

I  Papers  of  Old  Congress,  Ixxv.,  359.     Hening'a  Statutes  at  Larjjc,  x.,  409. 
^  Papers  of  Old  Congress,  Ixxvi.,  91.     Journals  of  Congress,  iiL,  674. 

0  Papers  of  Old  Congress,  Ixvii.,  438.     MS. 

1  Ibid.,  443.  J  Morris  to  Jay,  13  July  1781.     Dip.  Cor.,  yii.,  440. 


B.  I. ;  on.  II. 


1782. 


THE  STRUQGLE  FOR  REVENUE. 


from  that  (quarter.     Though 


89 


o-  ■"  latoaa  October  1781  tho  sub- 

scnption  amounted  to  no  more  than  seventy  thousand  dollars  ^ 
.0  was  yet  able  to  prevail  with  congress,  on  tho  thirty-fi^t 
day  of  Docomber,  to  incorporate  tho  bank  "  forever  »  bv  tlin 
name  of  the  Bank  of  North  America;  but  it  w^is  not  to  exer- 
cise powers  m  any  one  of  the  United  States  repugnant  to  tho 
laws  or  const.tut.on  of  that  state.f     But  for  this  restriction 

It--:::^  '''  "^'^ '' ''-  ^'-^^"^"^^^  -^  ^^^-^-^^ 

T1.0  bank  still  wanted  capital.    During  tho  autumn  of  1781 
a  remittance  m  specie  of  nearly  five  luindred  thousand  dollars 

PhlladTnirr'T  '""  t^  '"^^  ^'  ''^'^^'^  -^  brought  t" 
Philadelp  ua.   In  January  1782,  Morris,  with  no  clear  warrant 

subscribed  all  of  this  sum  that  remained  in  the  treasury  S 

abou   two  lundred  and  fifty-four  thousand  dollar.,  to  th    st  ^k 

of  the  bank,^  which  was  thus  nursed  into  life  by  the  public 

moneys     In  return,  it  did  very  little,  and  oonld  do  ver?Utt  o 

for  the  United  States.     Its  legal  establishment  was  snpport  d 

by  a  charter  from  the  state  of  Massachusetts,  in  March  ^2 

by  an  act  of  recognition  from  Pennsylvania  in  March  and  a 

toT^Z  Z^Tl     n'T'  ''''  ''^''''  later^ra  ill: 
tmmmw  York.    Tho  final  proviso  of  tho  New  York  chartor 

was,  "  that  nothing  in  this  act  contained  shall  be  coletmed  to 

mply  any  nght  or  power  in  tho  United  State,  in  oo^gre  s 

^sembled  to  create  bodies  politic,  or  grant  letters  of   nSl 

rabon  m  any  case  whatsoever."]    The  acts  of  PonnsZnk 

were  repealed  m  1785.    Delaware  gave  a  charter  in  im 

a  svJtem  Tfl  '"^Z™"'"'/  "^^''^  "  '""^  foundation  for 
nZ  w  "^.t^"""  f™™  "  dnty  on  imports.  Through  the 
press,  Hamilton  now  pleads  for  vesting  congress  w"fh  fu^I 
power  of  regulating  trade;  and  he  contrl  thf  >Ipeetof 

eye?of  otirr  nT  1,^"!^'^'^  ^^  «■«''  dissensions  in  the 

Z.!f-       I  ""'"''''' '"'^  """We  and  magnificent  oer- 

spectivo  of  a  great  federal  republic."  gnmcent  per- 

*  Life  of  Morris.  61. 

•  From  the  m™„„  of  Robort  Mopri.  In  Life  of  M„rri,  90 
I  Joae.  4  Varick'.  edition  of  U,.  of  New  York. "«"'»"' 


fe 


^*-- 


30 


THE  CONFEDERATION. 


B.  I. :  OH.  n. 


.1,'!, 


(    I"]' 


''  I 


ffll* 


It  is  the  glory  of  New  York  that  its  legislature  was  the 
first  to  impart  the  sanction  of  a  state  to  the  great  conception 
of  a  federal  convention  to  frame  a  constitution  for  the  United 
States.  On  the  report  of  a  committee  of  which  Madison  was 
the  head,  congress,  in  May  1782,  took  into  consideration  the 
desperate  condition  of  the  finances  of  the  country,  and  divided 
between  four  of  its  members  the  office  of  explaining  the  com- 
mon danger  to  every  state.*  At  the  request  of  the  delegation 
which  repaired  to  the  North,  Clinton  convened  an  extra  ses- 
sion of  the  senate  and  assembly  of  New  York  at  Poughkeepsie, 
where,  in  July,  they  received  from  the  committee  of  congress 
a  full  communication  f  "  on  the  necessity  of  providing  for  a 
vigorous  prosecution  of  the  war." 

The  legislature  had  been  in  session  for  a  week  when  Ham- 
ilton, who  for  a  few  months  filled  the  office  of  United  States 
receiver  of  revenue  for  his  state,  repaired  to  Poughkeepsie 
"  to  second  the  views "  of  his  superior.  In  obedience  to  in- 
structions, he  strongly  represented  "  the  necessity  of  solid  ar- 
rangements of  finance ; "  but  he  went  to  the  work  "  without 
very  sanguine  expectations,"  for  he  believed  that.  "  whatever 
momentary  effort  the  legislature  might  make,  very  little  would 
be  done  till  the  entire  change  of  the  present  system ; "  and, 
before  this  could  be  effected,  "  mountains  of  prejudice  and  par- 
ticular interest  were  to  be  levelled."  :J: 

On  the  nineteenth,  three  days  after  his  arrival,  on  the  mo- 
tion of  Schuyler,  his  father-in-law,  who  was  ever  constant  in 
support  of  a  national  system,  the  senate  resolved  itself  into 
"  a  committee  of  the  whole  on  the  state  of  the  nation."  From 
its  deliberations  on  two  successive  days  a  series  of  resolutions 
proceeded,  which,  as  all  agree,  Hamilton  drafted,  and  which, 
after  they  had  been  considered  by  paragraphs,  were  unanimously 
adopted  by  the  senate.  The  house  concurred  in  them  with- 
out amendment  and  with  equal  unanimity.  These  resolutions 
as  they  went  forth  from  the  legislature  find  in  the  public  ex- 
perience "  the  strongest  reason  to  apprehend  from  a  continu- 
ance of  the  present  constitution  of  the  continental  government 
a  subversion  of  public  credit,"  and  a  danger  "  to  the  safety  and 


*  Journals  of  Congresg,  22  May 
f  Clinton's  message  of  11  July  1V82 


and  15  and  18  July  1782. 

\  Hamilton,  i.,  236,  288. 


1782. 


THE  STRUGGLE  FOR  REVExNUE. 


31 

independence  of  the  states."  They  repeat  the  words  of  the 
Hartford  convention  and  of  Clinton,  that  the  radical  source  o 
the  public  embarrassments  had  been  the  want  of  sufficient 
power  m  congress  particularly  the  power  of  providing  for 
Itself  a  revenue,  which  could  not  be  obtained  by  partial  delil 
orations  of  the  separate  states.    For  these  reins  the  leZ 

to  reoo       "  J"V""'f  ^°°^^"''  '''  *^^  common  welf!^e 
to  recommend  and  each  state  to  adopt  the  measure  of  as- 

emblmg  a  general  convention  of  the  states  specially  authorized 
to  revise  ana  amend  the  confederation,  reserving  a  right  to  the 
respective  legislatures  to  ratify  their  determinatLs."  *  These 
resolutions  the  governor  of  New  York  was  requested  to  trans! 
mit  to  congress  and  to  the  executive  of  every  state. 

The  legislature  held  a  conference  with  Hamilton,  as  the 
receiver  of  revenue,  but  without  pennanent  results ;  and  it  in- 
cluded him  "pretty  unanimously"  in  its  appointment  of  dele- 
gates to  congress  for  the  ensuing  year.  On  the  fourth  of 
August  the  resolutions  for  a  federal  convention  were  commu- 
nicated by  Chnton  without  a  word  of  remark  to  the  congress 
then  m  session.  There,  on  the  fifteenth,  they  were  referred 
to  a  grand  committee;  but  there  is  no  evidence  that  that  con- 
gress proceeded  to  its  election. 

Ion  Jo/!'  ^'T'''^?'  "^^^^3^'  "^f^rris  solicited  a  new  French 
oan  of  twenty  millions  of  livres.  The  demand  was  excessive : 
te!r  m^  I^7-^7.Yonsented  to  a  loan  of  six  millions  for  the 
year  1783^  of  which  Franklin  immediately  received  one  tenth 
part        You  ^vlll  take  care,"  so  Yergennes  wrote  to  Luzerne, 

furlr'n^'  """^  ^'^'  '^'''  '^'  ^^S  «^^  «^^ke  them 

further  advances  or  guarantee  for  them  new  loans  from  others  • " 

and  he  complained  that  the  United  States  did  not  give  suffi- 

thel  debtsV^  *^'''  ''''^'''°''  ^'^  '''''*'  *^'  '"''°'        '""^^^^^ 

On  the  twenty-fourth  of  December  the  French  auxiliary 

forces  m  the  United  States,  except  one  regiment  which  soon 

followed,  embarked  at  Boston  for  the  West  Indies.     The  affec- 

\Z%   1  ^'^*'*"'^f'  *^'  «^^P''^%'  the  hopes  of  America  fol- 
lowed the  French   officers  as  they  left  her  shores.     What 

^CBsIn  of ":,;  1782^  "^""^^'^  ''  ^  v"^*^  ^"'  ''''''''''  ^'  ^^  ^'^^  ^-  ^'^ 
'         •  T  vci-genuos  10  Lnzerm,  21  December  U82. 


1 


1 


1 


^^j:!l 


11.. 


I'M 


H 


i 

t 

J 

^ 


■;ll 

1   i 


32 


THE  CONFEDERATION. 


B.  I. ;  on.  11. 


I  n 

1      I'  w 


li 


boundless  services  tliey  had  rendered  in  the  estiiblisliment  of 
Iier  independence !  What  creative  ideas  they  were  to  carry 
home !  IIow  did  they  in  later  wars  defy  death  in  all  climes, 
from  San  Domingo  to  Moscow  and  to  the  Nile,  always  rt}ady 
to  bleed  for  their  beautiful  land,  often  yielding  up  their  lives 
for  liberty !  Rochambeau,  who  was  received  with  special  honor 
by  Louis  XYI.,  through  a  happy  accident  escaped  the  perils  of 
the  revolution,  and  lived  to  be  more  than  fourscore  yeai-s  of 
age.  Viomenil,  his  second  in  command,  was  mortally  wounded 
while  defending  his  king  in  the  palace  of  the  Tuileries.  De 
Grasse  died  before  a  new  war  broke  out.  For  more  than  fifty 
years  Lafayette — in  the  states  general,  in  convention,  in  legis- 
lative assemblies,  at  the  head  of  armies,  in  exile,  in  cniel  and 
illegal  imprisonment,  in  retirement,  in  his  renewed  public  life, 
the  emancipator  of  slaves,  the  apostle  of  free  labor,  the  dearest 
guest  of  America — remained  to  his  latest  hour  the  true  and 
the  ever  hopeful  representative  of  loyalty  to  the  cause  of  lib- 
erty. The  Yiscount  de  Noailles,  who  so  gladly  assisted  to 
build  in  America  the  home  of  human  freedom  for  comcra  from 
all  nations,  was  destined  to  make  the  motion  which  in  one 
night  swept  from  his  own  country  feudal  privilege  and  per- 
sonal servitude.  The  yoimg  Count  Henri  de  Saint-Simon,  who 
during  his  four  campaigns  in  America  mused  on  the  never- 
ending  succession  of  sorrows  for  the  many,  devoted  himself  to 
the  reform  of  society,  government,  and  industry.  Dumas  sur- 
vived long  enough  to  take  part  in  the  revolution  of  July 
1830.  Charles  Lameth,  in  the  states  general  and  constituent 
assembly,  proved  one  of  the  wisest  and  ablest  of  the  popular 
party,  truly  loving  liberty  and  hating  all  excesses  in  its  name. 
Alexander  Lameth,  acting  with  the  third  estate  in  the  states 
general,  proposed  the  abolition  of  all  privileges,  the  enfran- 
chisement of  every  slave,  and  freedom  of  the  press ;  he  shared 
the  captivity  of  Lafayette  in  Olmiitz,  and  to  the  end  of  his 
life  w^as  a  defender  of  constitutional  rights.  Custine  of  Metz, 
whose  brilliant  services  in  the  United  States  had  won  for  him 
very  high  promotion,  represented  in  the  states  general  the  no- 
bility of  Lorraine,  and  insisted  on  a  declaration  of  the  rights 
of  man.  Of  the  Marquis  de  Chastellux  Washington  said: 
"  Never  have  I  Darted  with  a  man  to  whom  mv  soul  clavo  more 


1782. 


THE  STRUGGLE  FOR  REVENUE. 


33 


sincerely."*  Ilig  philanthropic  zeal  for" the  greatest  good 
of  the  greatest  number"  was  interrupted  only  by  an  early 
death. 

Let  it  not  be  forgotten  that  Secondat,  a  grandson  of  the 
great  Montesquieu,  obtained  promotion  for  good  service  in 
America.  Nor  may  an  Amercan  fail  to  name  the  young  Prince 
de  JBroglie,  though  he  arrived  too  late  to  take  part  in  any  baO 
tie.  In  the  midday  of  life,  just  before  he  was  wantonly  sent 
to  the  guillotine,  he  said  to  his  child,  then  nine  years  old, 
afterward  the  self-sacrificing  minister,  who  kept  faith  with  the 
United  States  at  the  cost  of  populaiity  and  place  :  "  My  son, 
they  may  strive  to  draw  you  away  from  the  side  of  liberty,  by 
saying  to  you  that  it  took  the  life  of  your  father ;  never  be- 
lieve them,  and  remain  true  to  its  noble  cause." 

At  the  time  when  the  strength  which  came  from  the  pres- 
ence of  a  wealthy  and  generous  ally  was  departing,  the  ground 
was  shaking  beneath  the  feet  of  congress.  Pennsylvania,  the 
great  central  state,  in  two  memorials  offered  to  congress  the 
dilemma,  either  to  satisfy  its  creditors  in  that  state,  or  to  suffer 
them  to  be  paid  by  the  state  itself  out  of  its  contributions  to 
the  general  revenue.  The  first  was  impossible;  the  second 
would  dissolve  the  union.  Yet  it  was  with  extreme  difficulty 
that  Rutledge,  Madison,  and  Hamilton,  a  committee  from  con- 
gress, prevailed  upon  the  assembly  of  Pennsylvania  to  desist 
for  the  time  from  appropriating  funds  raised  for  the  confed- 
eration, f 

The  system  for  revenue  by  duties  on  importations  seemed 
now  to  await  only  the  assent  of  Rhode  Island.  That  common- 
wealth  in  1781  gave  a  wavering  answer;  and  then  instnicted 
Its  delegates  in  congress  to  uphold  state  sovereignty  and  in- 
dependence. On  the  first  of  November  1782  its  assembly 
unanimously  rejected  the  measure  for  three  reasons  :  the  im- 
post would  bear  hardest  on  the  most  commercial  states,  par- 
ticularly upon  Rhode  Island  ;  officers  unknown  to  the  constitu- 
tion  would  be  introduced ;  a  revenue  for  the  expenditure  of 
which  congress  is  not  to  be  accountable  to  the  states  would 

*  Sparks,  vlii.,  867. 

t  Gilpin,  199.  216,  224,  488;  Journals  of  Congress,  4  December  1782-  Min- 
utes of  Assembly  of  Pimnsjlvunia  for  1732,  pp.  CC3,  075,  733. 


■Ufl 


111 


w 


'( ' 


•Ji 


m 


84 


I  IK   CONFKDKRATtON. 


n.  I. ;  on.  ii. 


i:         I 


rtMul(M'  tliaf,  body  ituli>|K>n<lo»it()f  Uh  coiiHlitiioiitrt,  mid  would  bo 
n'pugiiaut  to  tb(^  lib(>rl,y  of  tbo  Unitod  StutoH.  * 

TIio  m»cosMif,v  of  tbo  ooiiHont  of  every  ono  of  \\n\  Ibirfoon 
stiifos  to  .'Uiy  amoiKbiioiit  of  tbo  oouf(Mb>r;u'y  gave  to  Ifibodo 
Inlanti  a  control  over  tbo  dostiin'i'H  of  Amoricn.  AjraiiiHt 
itvS  obstinacy  tlu^  confodoratioii  was  bclploHs.  Tbo  reply  to 
its  coinnnmioalion,  drafted  by  Hamilton,  declared,  (irnt :  tbat 
tbo  duty  would  prove  a  cbar<;o  not  on  tbo  inip(U'ting  ntato, 
but  on  tbe  consunier;  n«>xt,  tbat  no  /jjovernu'ent  can  oxiHt 
witbout  a  rii>bt  of  a|)])ointing  ofbcern  for  tboso  purposos 
wbicb  proceed  from  and  centre  in  itHclf,  tbou^b  tlu^  powor 
may  not  be  expnwly  known  to  tbo  coUHtitut  ion  ;  lastly,  tbo 
impost  18  a  measure  of  tuvessity,  ''and,  if  not  wilbin  tbo 
letter,  is  witbin  tbo  spirit  of  tbo  confe<leration."|- 

Tbo  growinjj:  discontent  of  tbo  army,  tbe  clamor  of  puldio 
o.rodit(>rs,  tbe  enormous  deficit  in  tbe  ivvenue,  wei-o  inviiuMblo 
arp;uments  for  a  plan  wbicb  promised  relief.  Conjj;resH  bav- 
injy  no  rosouivo  except  persuasion,  tbree  of  its  niend)erH  woubl 
bave  borne  its  letter  to  KIhhU*  island  but  for  intelli^enco  from 
Virginia. :|: 

In  tbe  legislature  of  tbat  state,  Uicbard  Ifenrv  Lee,  wait- 
injr  till  tbe  bu^^iness  of  tbe  session  was  nearly  ov(>r  and  tbo 
bouse  verytbin,^  proposed  to  tbe  assembly  to  wilbdraw  its 
Jissent  to  tbo  federal  imj^ost ;  and  tlu'  repeal  was  carried  in  tbo 
bouse  on  tbo  sixtb,  in  tbe  senatoon  tbe  soventb  of  I)ecemb(>r,  || 
witbout  a  nei::ative.  Tbe  n^asons  for  tbo  act,  as  recited  in  its 
pnvimble,  were :  "  Tbe  permittinj>:  any  power  otber  tban  tbo 
general  assembly  of  tbis  C(Mnmonwealtb  to  levy  (bilies  or  taxes 
upon  tbo  citi^^ens  of  tbis  state  witbiii  tbo  same  is  injurious  to 
its  sovenn'o-nty,  may  ]>rove  destructive  of  tbe  rigbts  and  liberty 
of  tbo  people,  and,  so  far  as  congivss  may  exercise  tbo  siime, 
is  eoutraveninaj  tbe  spirit  of  tbe  confederation."  ^ 

I'^ar-siiijlited  members  of  eongivsti  prognosticated  tlio  most 
pernicious  efTecta  on  tbo  cbaracter,  interests,  and  duration  of 

•  Records  of  Rhodo  Island,  h.,  487,  CI 2,  68'2,  081?,  fiSt. 

f  Jovirnal*  of  Oongross.  iv..  200.  \  (Jilpin,  188,  2;18;  Elliot,  17. 

*  (unonioi-  H.  Harrison  to  Wnshinjjion,  81  M:urli  17S;!. 

I  r^pors  of  iMd  Conjiress,  vol  Ixv.     Journals  of  liouse  of  PologUos,  55-68. 
•*•  Honing,  xi.,  171. 


1783. 


TiriC  STUtlCJGLE  FOR  IIKVICNIJIC 


85 


thd  c()iifo(loni(7.     Tho  l^n.ad  lino  of  party  d 


iviHion  \vm 


clearly 


drawn.  I  lio  ,!(,nf,(>Ht  wan  botwoon  tJ.o  oxiHling  Iwi^ruo  of  HtatoH 
and  a  ropul.lic  of  nnitod  nUitoH ;  botwoon  "  Htato  HovorciLmty  "  * 
and  a  "(!onH(»li<luf,.,d  union  ;"t  between  "Btaf,o  poliUcs  and 
continental  poli  ties  ;".•{.•  botwoon  tl.o  fear  of  "tho  contniK-tai  " 
and  the  fear  of  "tlio  eentrifu^nil  foreo"  in  tho  HyHtein  '►  Vir 
ginia  niadt)  ilHolf  the  battle-gr.)und  on  wliicl.  for  tl.o  next  wix 
.yearH  tlie  warring  o,)iMionH  were  to  meet.  During  all  (bat  (Irno 
Wasbinglon  and  MadiHon  led  the  ntriving  for  a  more  perfect 
iniion;  Ilrebard  Henry  Loo,  at  proHont  HnHtained  by  tl.o  legiH- 
Jatnrool  Virginia,  waw  tl.o  porHiHtent  eban.pion  of 'sonaratisni 
and  tlio  Hovereignty  of  ea(!h  Htato. 

_  IIow  ho.ielieont  wan  tl.o  antl.o,-i(y  of  tbe  nni.,n  appeared  at 
tb.H   inie  fi-o.n  a  nbining  oxan.ple.     To  cpiell   tl.o  wild  strifo 
wb.el.  bad  g.-ow..  ont  of  tho  elai.n  of  (.'onnectient  to  landa 
w.tb.n  tbe  .-barter  bonndary  of  Pent.Hylvania,  five  co.nn.iHsion- 
orfl  ai)pointod  by  .jongroHH  opened  their  court  at  Trenton     "  'I^ho 
casowtui  well  argued  by  learned  eon nnel  on  both  HideH  "  and 
after  a  sesHion  of  more  than  hIx  weelis,  tho  co.irt  prononneed  li 
th,Mr  imanimons  opinion,  that  tho  jnriHdietion  and  pro-cn.p. 
tioii  of  th(;  lands  in  controverHy  did  of  right  belong  to  tho 
state  of  Pennsylvania.     Tho  j.idgment  wa.H  approved  by  con- 
gress; and  tho  pai-tioB  in  the  litigation  gave  tho  exan.ple  of 
subnu.ssion  to  this  fi.-,st  K(>t(len.e..t  of  a  coT.troverHy  between 
states  by  tho  decree  of  a  co.n't  established  by  the  United  States. 

*  William  (ionloi,  t,.  A.  Tav,.     Loo'h  Lifo  of  Artl.ia-  Loo,  ii.,  291. 

I  Lafayutto  in  Diplomatic  (JorrcHpoiidonce,  X.,  41. 

I  Iliimillim,  i.,  850. 

«  S:,.o<-l,  of  Wilson,  28  .Tannary  MHn,  in  Oilpln,  2!)0;  ElUot,  m.     Tho  Bame 
(.,u,.o  wan  nso,l  by  H.nulton  to  WaHhington.  '>i  March  1783.     llannlton,  i..  .^4^ 

II  JoiirnalH  ol  Cong.cHH,  :!0  December  1782. 


il 


86 


TIIK  HONKKDKKATION. 


n.  I.;  (trt.  ni, 


(MIAITKIJ    III. 

AMI'KICA     ANI>    iiUi:,\r    nUMTAIN. 

TiiK  KlujJ- of  I'viinot^  hoiwA  iVom  N'oi-jtroniKvi,  wifli  mirpriMO 
ntul  n'8(M»(n\tM(l,  lI\;H  \\\o  \n\oy'wi\\\  «lt*|»»ili»>M  liiul  HigiuMi  (licir 
(voulv  of  nt^iioo ;  ■''^  Miwio  Anioinollo  wm  ooni'iliiilotl  I»v  llio 
H!*H>n'!\n<'0  Ihul  "llunhml  oblniniMl  for  (licir  coiiMlilAHMilM  ilio 
nuw(  ndvuntiVf^'otis  oomlilionH."  "  TIk*  iMiglinli  l»nv  lI>o  piMU'O 
ViUlu>vth!n»  ninKo  i(."  wrolo  \"orp,'(MU»o^<  to  \m  wuUiiIlofM  in  \,ou- 
iJon  ;  tl\oir  "  ooiu'osnionH  !i«  lo  houiularion,  Iho  Hitliorion,  ntwl  (lio 
lovaHwlH,  o\0(M^l  ovorvlluiiji;  lh;i<  1  li;nl  (lionglii  poMniblo."  | 
"The  iwMy  with  Amorioa,"  ansvvtM'tHl  K'nvnovnl,  "n|tprnrM  lo 
»uo  lilvo  i\  \\\v;\\\\."  \:  KiunvilyJ' Hiid  liis  omporoi' II  niocKrd  at 
Us  artioloH. 

Kin^  (iOori>^^  o(  Muglatid  wan  tnnstonMl  by  i\  coiinnmiiig 
griof  for  (ho  Kvss  o(  Amorioa,  ami  know  no  oaso  of  mind  hy 
duv  or  hv  tiight.  Whon,  on  <ho  Tiflh  o(  l)ooond)or,  in  hin 
spoooh  at  (ho  oponing  of  |>arlian\(M>l,  ht>  t'anu<  (o  road  (hat  ho 
\vm\  oIVoixhI  (0  doolaw  (ho  oolotuos  of  Amorioa  fro(>  and  inih'- 
]>ondcMi(  s(a(os,  his  mat\nor  wa^  oi>ti.s(rainod  ^  and  his  voi«'o 
foil.  To  wound  him  loasl.  Shollmrno  in  <lio  honso  of  h)rdn, 
oonliuinghin»solf  (otho  langnap'of  (ho  spoooh  fi\>m(ho  Ihrotu', 

*  (\>«n<    MoivxS  !\>port   fi>M»   V<\\\ii,  rt  l>.vv\utior   \'r^'\.     MS,    fioin   VIonim 
»rol\ixo!»  ^  Voi-^MUMv*  (o  Ki^vHoval,  4  DooomliOf  IVHH,     MS. 

}  Uavuovrtl  to  VtMjjxM^nos.  1*2  IVoonybor  IVS'2,     MS. 

*  Kiuiui(i>',«  UiMo  of  'i'l  IVtvnilvM-  ITS",\  wvidou  on  (l\o   ompiM-orV  oopy  of  tlio 
(•'ivivh  of  tho  Kinjj;  of  Kuj^Uiiil  .■«(  iho  oponins:  o(  p.iili;\n\ont.     ^^S, 

{  A\>n\c\-nixh   mrnioranilum  of  .losoi^l*.     MS,     .1o«oph  II.  «ml  Li'OiioUl    von 
Toso.-»n,v     Ihr  HHi^fwtvhsol  voi\  IVSl  his  MW,  5,.  Hrt. 
'^  IJAvnovftl  to  Yovgriirio?,  \i  IVvVnilH-r  V.^'l.     MS, 


\% 


(I 


ITHa   nm.  AVfr.KKtA    AND   (JIUCAT   HllJTAIN 


87 


<|ir(>Bniilt'<I  lluM.ITor  of  lii<lK|>«ii(l(.fi(.|.  (o  A 


irMTM 


on  pciMM.  Willi  KnuM-n.     To  u  .|.ipmM.mi  f,„,ri  l-'oK  on  tim  follow 

'"K"'K'''  '»  'I (Imt  Imhihp,  I'ili.will.  ui.C„li..nnKro..m^n,ni.- 

mvpi-od  IJMit,  IliM  I'fu'n^riiKiMii  WMH  iin(|iiii,lill)>(|  mul  iirMv..cii,l,ln. 

iMiiiiiK  MiM(!|iilH(,mM«  l.oll.liip  fl.nn.-^ofinlionfl  Cora  ^m.- 
<'••..!  |...,i.-..  wrrn  |Mir«iin,|   willi  ,m,„„|  ,\\\\^rmmy  mi.l   rnrM|„nd,ioM 
l.y  Vp|>r«Mm..fl  imkI   HIiollMinm;  hii.I    I'mii..,,  ,„u,|n  M<uMi(l..o«  of 
ilMown  lo  iii.liicM  S|M.iM  l,o   fuvr^i,  Mm  rncovm-y  oC  Oil.raKjir 
iiii.l  iisM,.,.(  io  irnnH  vvlii.-l,  in  „||  „l|„.r  n.R|,nrf,H  w.m^  roowt  x(mi 
•M-MUH.     Tim    NHImmIiumIm,  M,o.,^r|,   fl,,-!,.  .|..(|„ilivo   ,mncn    w».« 
«l<'lM.y<'<l,  n^rno.!  In  l,linHUH|.(MiMion  oC  nnim.      !•  nmldjn  Hl.mwdly 
"M.I   linly  ol,H,M-vn,|  M„,,(,  i(,  w.MiM  l,n  hoM.-r  for  (,1m  n„|,iorm  (Jmn 
|M,MM,.HHinK  Mm.   W.-Mf,   India  iMlnn.lM  (,o  N,|,  M.nrr.  Kov(,rn  Mmm- 
Hclv.'H  UM  nnilri.l  powers,  o|mmi  U,  (!„,  ••onMnnrro  oC  ,,11,  M,o  |,n,f 
ilM  of  Mm-  iMTMrnl,  inor.opoli,.rt  l...in;.r   |,y  „o  inmnH  cvp.ivnlnnf, 
<••  Mm'  c-NponMo  of  n,ainlMiMin,r  Mm.n  ;  >*   ImiI,  Mm,  oM  Hy«»,Pm  was 
pr<wrv«M|.     ("on.pM'MlM  wrro  r.'Hlr.n.d,  ..imI   Knirland   foil.  i(   fo 
l>o  no  woin.d  (o  lmr.li^tH'(,y  L.^'vo  lmc,l<  an  nnimporlanl,  Inland 
wIh».|i  Ml.n  hiid  wroHl.wl   from  Mm  Imhiho  uf  |{o,nlmn  in  a  f.,r 
m.MMvnr.     Tim  K„«l  Indian  allicM  .»f  PVancc,  of  whom  Mm  for.,- 
moMi,  uwiH  Tippoo  Nail.,  Mm  won  and  Hnw.-MHor  of  jlydnr  All 
wcro  invil.Ml  lo  j,m,  i„  Mm  poacn.     Vvuur.(M'm,mmu\  Hi.  I'iorro 
find  Mi,p„-lon  an.l  Imr  ol.l  Hliaro  in  M.o  /lHlMwi«,.s  <,f  NowfrMinrl- 
l.'Ui.l;  Npnin   rH.ii.md    Minor.-a,  nn.I,  wlial,  waw  (,f  M.o  irn,„f,p„f, 
OM.m.'nl,   for  Iho  Ifnilod   Slal.-M,  Noll,  Mm   Florida.,  wlnV.I.  «lm 
<'<-Ha,nly  woidd  llnd  a  In.rdon.     Trn,M,.M  of  romnn-rco  hr^tw^.n 
;^'"'"'"'    '•■""'"  ""•'  ''"'^1.  of  Mm  |,wo  MonrlKM,  kinKrlonw  woro  lo 
ho  niiido  wiMiin  I  wo  yoarn. 

WImn,  on  Mm  fwonMnll.  of  .I„,n,ary,  Mmno  prolin.inari.. 
vvoro  s.^n.-d  Uy  Mm  r.-HpocMvo  plonipol.onMarioH,  .lol,,,  Adnma 
imd  |{.'nj,Mnln  I'Vanklin,  on  Mm  wnnnnonH  of  VorgonnoM  woro 
p>VM..nl,an.|  in  Mm,  nmno  <,f  M.n  fh.il.od  HinU'H  ac.orlorj  L,  Mm 
d«<claraljon  of  M,o  (...HHaMon  of  lioH|,iliM,,H.  Tl,,.  provJHional 
Mvaiy  lu.|,w..,-n  (hvni  Mriinin  ami  M,(,  n„il,,M|  S(,al,..H  wuh  hold 
f.o  iiilvo  (<(r(\('l,  from  thai  day. 

"_Al.  lanl,"  wroln  Yvr^vmu^H  to  Kayncval,  aw  Hoon  m  tlm 
rnootm^  wuh  over,  ''wo  arc  al.ont  to  hrcatho  nrulor  tho  Hh,idow 
ol  pl^•uH^     Lot  m  tal<o  earn  to  n.ako  it  a  Holid  one ;  im 


t  - 

'r 


J. 


.  *,/ 


I'iploiimtio  (JorroapoiKJoiioo,  iv    09. 


my 


I    I 


38 


THE  CONFEDERATION. 


B.  I. ;  on.  HI. 


1     .|! 


namo  of  war  bo  forgotten  forever."  *  In  a  letter  to  Shelbiimo 
on  tliat  same  day  he  expressed  tlie  confident  liopo  that  all 
ancient  distrust  would  he  removed;  and  Shelhurne  replied: 
"  The  liberal  spirit  and  good  faith  which  have  governed  X)ur 
negotiations  leave  no  room  to  fear  for  the  future  cither  dis- 
trust or  jealousy."  f  Iving  George  dwelt  with  Ilayneval  on 
the  cordial  understanding  which  he  desired  to  establish  with 
Louis  XVI.  "  I  wish,"  said  he,  "  never  again  to  have  a  war 
with  France  ;  we  have  had  a  first  division  of  Poland ;  there 
must  not  be  a  second."  :j: 

So  came  the  peace  which  recognised  the  right  of  a  com- 
monwealth of  Europeans  outside  of  Europe,  occupying  a  con- 
tinental territory  within  the  temperate  zone  ;  remote  from 
foreign  interference  ;  needing  no  standing  armies ;  with  every 
augury  of  a  rapid  growth ;  and  sure  of  exercising  the  most 
quickening  and  widest  influence  on  political  ideas,  "  to  assume 
an  equal  station  among  the  powers  of  the  earth." 

The  restoration  of  intercourse  with  America  pressed  for 
instant  consideration.  Burke  was  of  opinion  that  the  naviga- 
tion act  should  be  completely  revised  ;  Shelburne  and  his  col- 
leagues, aware  that  no  paltry  regulation  would  now  succeed, 
were  indefatigable  in  digesting  a  great  and  extensive  system 
of  trade,  and  sought,  by  tlie  emancipation  of  commerce,  to 
bring  about  with  the  Americans  a  family  friendshi])  more 
beneficial  to  England  than  their  former  dependence.^  To 
promote  this  end,  on  the  evening  of  the  eleventh  of  February, 
"William  Pitt,  with  the  permission  of  the  king,  repaired  to 
Charles  James  Fox  and  invited  him  to  join  the  ministry  of 
Shelburae.  The  only  good  course  for  Fox  was  to  take  the 
hand  which  the  young  statesman  offered;  but  he  put  aside 
the  overture  with  coldness,  if  not  with  disdain,  choosing  a 
desperate  alliance  with  those  whose  conduct  he  had  pretended 
to  detest,  and  whose  principles  it  was  in  later  years  his  redeem- 
ing glory  to  have  opposed. 


*  Vcrgennes  to  Rayneval,  20  January  1783.     MS. 

f  Vergoimcs  to  Sliclburnc,  20  January  1783  ;   Shclbumc  to  Vcrgonncs,  24 
January  1783.    Lansdowne  House  MSS. 

t  Raj-ncval  to  Vcrgennes,  21  and  28  January  1783.     MS. 

*  Price  in  Leu's  Life  of  Arthur  Leo,  ii,,  349. 


1788. 


AMERICA  AND  GREAT  BRITAIN. 


89 

I     ^Z^'f  "'"  ""K''"''"™^  with  Franco  and  Spain,  Fox  and 
Wd  North  r„„,ai«od  q„ict,  fro.n  the  dciro  ?o  throw  Iho 
undivjdod  rosponsihility  for  the  peace  on  Lo«l  Shclbur^e- 
but  when  on  the  scventccntli  of  February,  i,i  a  house  of  Z^ 
hundred  and  fi%  member,  the  treaties  wM.  the  ultcd  Stlt 
and  w  h  both  branches  of  the  Bourbons  were  laid  befo^par 
I  ameut,  and  an  address  of  approval,  promising  a  hbcral  «rf. 
s.on  of  connnerciaJ  law,  was  moved,  the  long-pent-np  plTom 
raged  without  restraint.     No  sooner  had  William  wflberforco 
w,th  g,^cc  and  good  feeling,  seconded  the  motion  and  in  tht' 
v^annest   anguage  assured  to  the  loyal  refugees  compensit  1 
for  tar  losses,  than  Lord  John  Cavendish,'the  neaXt  Mend 
tionf  'wr",f .'"  P^-"^- '•'»•«"  "'I'Porting  its  eondi- 
Ite   unca^dif     ,  '^l- P™"°»°»''  >«-!"»' i'  a  most  elabo- 
rate, ""candid  and  factious  invective.    lie  would  have  de 
pnved  the  United  States  of  access  to  the  upper  lakes  •  he 

west  ot  the  Ohio ;  and,  bad  as  is  a  possession  which  gives  no 
advantage  but  powei.  of  annoyance  lie  would  have  kept  east 
Honda  as  well  as  the  Bahamas,  so  as  to  compel  the  sldps  of 
Amenca  in  passing  through  the  Florida  channel,  to  run  the 
gauntlet  between  British  posts,    lie  would  have  had  n^pc  ce 
without  the  romstatement  of  the  loyalists,  nor  withoiUsecS 
mdependenee  to  the  savage  allies  of  Great  Britain.    lie "^ 
merated  one  by  one  the  posts  in  the  West  which  by  tte  tr^atv 
fell  to  America,  dwelt  on  the  cost  of  their  constructron  and 
on  their  miportaneo  to  the  fur-t«de,  and  forcsharwed  tSe 

giant  to  the  Americans  of  a  right  to  fish  on  the  coast  of  Nova 
bcotia  but  spoke  as  if  they  derived  from  Great  Britain  fte 
right  to  ftsh  on  the  banks  in  the  sea  which  are  thfet lus  ve 
property  0  no  one.  At  the  side  of  Lord  North  stood  Einund 
Lurke  with  hotter  zeal  as  a  partisan,  though  with  bettcHn  en 

tZ  Z  aft"™:;- K ''"'  "^"^^^-^  -W object!  n  ZZ 
treaty ,  but,  after  a  debate  of  twelve  houre,  the  ministry  on 
the  division  found  themselves  in  a  minority  of  ^.^n  *^  °° 

met  in  theirT  '™""'^:."'  "  '"^"^  ™™ber  of  pcei.  than  had 
met  in  their  house  since  the  accession  of  George  IIL,  Carlisle 
t).e  unsuccessful  commissioner  of  1778,  Keppel,,  the  inglorious 


1 

1 

1 

1 

1 

'1 

1 

1 

i!;l;:' 


1      '■      : 

t 

■  1 

y\ 

\'J 

I  f  ;rt^ 


40 


TIIK  CONKKDKItATION. 


n.  I. ;  ('It.  Ill, 


I     Ir^' 


tidiuiriil,  iukI  Stonnotit,  (lii«  liitn  luMulHti'onp;  iiiMhaHMiidof  nfc 
PiiriH,  «>ii<j;or  lo  lircoiiu^  one**  wuwo  a  w»('n<liifv  of  Hfiilc,  Lord 
(iiMi'^o  Ocnuaiii,  now  known  iih  Lonl  Sackvillo,  Wcddorliuni, 
now  lAM'd  l.oiig'liNoroitf^li  and  covi'ling  tluMilUco  of  lord  chan- 
(H>llor,  |»ouro<|  fiM'lli  criniinalionn  of  a  trraly  for  wliicli  flio 
ntH't<8Mi(y  wan  dm*  !<»  lln>ir  ow:i  incapacilv.  In  pcrfccl.  inidor- 
Htandiiifj;  willi  Tox  and  Lord  Ntu-lii,  tlu\y  coinplaincd  thai  tlio 
niinislrrs  had  givt'H  iip  tln^  Itankrt  of  <Iu»  Ohio,  "  ilio  paradiHO 
of  Anu't'ica,"  had  HurriMidiM'od  iho  fni'-tnulo,  had  hioktMi  faith 
with  (ho  liidiaiiH,  had  Ihh'II  falno  (o  th(>  loyaliMlM.  'rhnrh»\v 
ahly  did'iMuh'd  tncry  articio  of  t\w  iwaiy  (hat  had  Ikhmi  ini- 
|)oaclu'd,  and  (Ihmi  a^ki'd  :  "  Is  (horo  any  individual  in  (hirt 
hotiHo  who  daroM  to  av«)W  that  his  winh  in  for  warr'  Tho  in- 
(oit'Mt of  tho  dohatiMUMitrod  in  Shclhnrnc,  and  tln>  Iioumo  gavo 
him  tlu>  ('los(>st  attontion  as  In  npokc* :  '*  Nol>lt>  lords  who  inado 
a  lavish  uho  o\'  (Iu>so  Imlians  haM'  takiMi  gn»a(.  painn  to  hhow 
(lioir  inmuMiHo  vahio,  Imt  thosi>  who  al>horn>d  (heir  violcnco 
will  think  tlu>  uiinistry  hav(«  dono  wistdy."  Naming  a  UritiHli 
agtMit  who  had  Wcu  d(>tosti'd  l\>r  wanton  cniolty,  lu^  continntul : 
*'Tho  di'Hcondants  of  \VilHan\  IVMmwill  maiiago  thoni  hi>t.t(>r 
than  all  (ho  Stuartn,  with  all  tho  (runqu'ry  and  jolts  (hat  wo 
could  contriviv 

"With  n>ganl  to  (ho  loyalists,  1  havo  hut  ouo  answer  to 
givo  tho  lu)iiso.  It  iH  (ho  answer  1  gavo  my  t»wn  hlooding 
hoart.  A  part  must  ho  woundod  (hat  tho  wholo  (>mpiri>  may 
not  porish.  If  bo((or  (onus  oould  havo  hoon  had,  (hiidv  you, 
luy  IoihIs,  that  I  wouKl  n«)t  havo  omhraood  thom  ^  If  it  had 
boon  piissiMo  to  put  asido  tho  hittor  t'up  whioh  thi>  adv(>rsi- 
tios  of  (his  i'oun(ry  pn^sonti'd  to  mo,  you  ktu>w  I  would  havo 
douo  it. 

"Tho  fur-(rado  is  not  givou  up;  it  is  oidy  divided,  and 
divided  for  our  bonotit.  1(8  best  rostturees  lio  to  tho  uorth- 
wn'Ai.  Monopolies,  some  way  or  other,  ai\»  over  jnstly  pun- 
ished. Thev  forbid  rivalry,  and  rivalry  is  (ho  yiTy  ossenoo  of 
tho  well-being  of  tnido.  This  seems  to  be  (ho  era  of  protost- 
antistu  in  trade.  All  Europe  appeai-s  enlightened  and  eager  to 
throw  olY  tho  vile  t^haeklos  of  t»ppressive,  ignorant,  nnmanly 
monopoly.  It  is  always  nnwiso;  but,  if  (hero  is  any  na(ion 
nnder  heaven  who  ought  to  bo  tho  lirst  to  reject  monopoly,  it 


ITWI. 


AMKIilCA   ANI.  (illHAT   lllll 


TAm. 


1»  IIh.  ICii^-li,,!,.    Hi(imti«l 


«1 


'1"""-^.  will,   ,,  „„(,., ,,i„„    „.i,|,    „  )^  "';""■■"  In. 

"•■' K  "uii i,o, rt,    ',  '  ,      " '"'  "'""  -"'y 

'  Y'  --y "•" "" ". M "« 1    .",•:,:;:":•:;:  '•^^; 

';"i< .... ......T,  i„iii„K  (i,„  A „„„.,•,,,„»  ti,„,,  „„  ,,,„     ,  ,."'>^ ".";' 

;!:;;:;.':' ' ^' »' ^.^.-.t  .•;;;':,;'«::': 

......  w.,o»„,, ,4  .e;:;;,,^:„';;;'r:;:;:;;!:;::;;?.riti:' 

to  CMll   tho  iihandoiiMU!!)*;  of  i'oruwv  i.niw.J.J  „      e 

•.-:  .T  cm,.,,.,  ,„  |,„ii,-,,i  ..„„,i,,i,«  ,viu,„„t  t  n„i,  ,.;„„!„  r 

I...»»e»,  ,vl,onovcr  thoy  can  l,„  „,.q„ire,l  ,vitl,  di,M,ilv      iTr 

.1...81.  then  tl,o  .„„„„mt  ,u,y  d„tv  t„  ,„v„,    „;        •^' , 

or  .n.v  f..i„n,l,,  .,„e™  .,„,(  a  'SS'JZ  "'""'""^' 


*AImon'M  Par!m,«o„tary  Register,  x.viii,  07,08. 


I  look 


t  If^iJ.,  xxvi.,  847. 


I    V 


|.^' 


,  H- 


^ 

1 

■    -■■     'y- 

i_ 

(          ,'' 

"  :          ,  >l 

1 

! 

■              V    ■ 

-1 

1  'i^  ''f 

*           • ; 

; 

49 


IIM   CONI'KIHHIATIOM. 


n.  I. :  ftii.  Ill, 


*.,  I 


I'. 


to  tlu' ii\t|t<|u'!ul('iil  |nirl  of  (lie  IkmimciuuI  Io  (lie  jMiMio  iil  liir/^o 
for  dial  ti('i|uiltal  fii)!)!  Iilunio  It*  wliiili  my  iiinoccMciMMilillcrt 
\uv.  Mv  rarlirsl  imprpHHioiin  wrro  in  favor  of  (ln<  iioIiIcmI  uikI 
iMot*!  diNinh'rcHlnl  iihxIi'm  of  HiM'viiijj;  llii«  |Mil»lit'.  'riicHclru- 
pn'snioiiM  I  will  I'lu'iisli  hh  ii  Ic^iicy  inliiiilcly  moro  viilimlilo 
than  (Iu»  gn«al»'M(,  iiilicrilaiKv.  ^'oii  inav  laKo  from  mo  liin 
]>riviI»'^t>M  ami  omoliimon(n  of  placo,  ImiI  yon  «'aiiiiol,  yon  MJiall 
not,  lalvo  fiom  mo  lliom»  lialtilnal  r»';j;anlM  for  lli(<  |»roM|»'rily  of 
(Jroal  jliilaiii  wliicli  roiiHlilnlo  llio  lionor,  tlio  lia|»|»iiioMM,  \\m 
prido  of  my  lif(>.  Willi  lliin  ctmHolalioii,  llio  Iomh  of  powoi' 
and  llio  Ions  »)f  forlnno,  fliou^li  I  iilVoclnot.  (o  <h'n|>iHi',  f  liopn 
1  shall  Htion  l)i>  aMo  to  foc^cl.  I  |)r;iiHo  lM»rliim>  wlion  <'on- 
Hlanl  ;  if  hIio  Hlrikt<H  her  swifl  win;*-,  I  ri'si^i  ]wv  giflH  and  m>«<U 
upi'i^lil,  nnporliontMl  povorly."  * 

'rinM'loipi(«n(UM>f  l*itt,  his  wiso  condurt,  and  Iho  purilyt»f  U'\a 
morals,  gaiiH'd  him  lh(MM>nlldoi\fo  Io  which  Fox  vainly  aspired. f 

A  majorily  of  wvonlcon  appearing  againsi  Sholhnrnr,  ho 
rosignod  ot\  Iho  twonty-fonrlh  ;  and  l>y  his  advioo  (ho  king  on 
iho  samo  day  olToro«l  Io  INlt,  Ihongh  not  yot,  tw'only -f on r  years 
oM,  (he  Iroasiiry,  wilh  pmvi'r  to  form  an  adminislralion  and 
with  ev(M'y  assnrance  of  snpporl.  Ihil  lh(>  yonng  Salesman, 
»>heying  alike  the  dielales  of  |»rndenet<  and  lh(>  enslom  of  Iho 
llrilisli  eonslitnli«>n,  wonKl  not  aoeepi  olllee  wilhont  a  majorily 
in  tlu»  honso  of  eommons  ;  and  on  I  he  hventy-sovenlh,  linding 
(hat  sueli  a  niajorily  et»nld  not  ho  ohiained  hut  hy  th(>  aid,  or 
at  lea.st  the  nenlralily,  of  Lonl  North,  h(>  refused  the  splendid 
olTtM',  unalleriihly  lirm  aliUe  against  the  entreaties  and  thi^  re- 
proaches of  the  King.  This  moderation  in  a  yt>nng  m:m,  pant- 
ing with  ambition  and  ciuiscious  of  his  power.^  added  n(>w' 
lustiv  io  his  fame. 

While  the  imperfect  agreement  hetween  the  n\eml)ei*s  of 
tlie  coalition  delayed  the  formation  o\'  a  ministry,  on  the  third 
of  Maii'h,  Pitt,  as  chanci^llor  of  the  exchecpjcr,  pivs'.Mited  a  bill 
framed  afler  the  liberal  principles  of  Shelburne. :{:  Its  pream- 
ble, which  rightly  ilescribed  the  Americans  lus  aliens,  declared 

•  Alnion,  xxvi.,  841,  8ft'2  ;  Lifo  of  KoniiUy.  i ,  '20!s. 
■f  MonstiorJo  Vorgonnos.  1  Mart'h  ITS;!.     MS. 

X  Vox  ill  MousiUor  to  Vorgonuos,  11  Arril  1TS3,  MS. ;  Piiiv  in  I.ifo  of  A.  Lee, 
ii.,  S49. 


I7HJI. 


AMKItrOA    AND  GUEAT   Ultl 


TAIN. 


48 


I"  tiiom  on  llu,  winio  (,.,„,„  ,„  ,„  „,|  ''  '"'  "I""'"'' 

"l"".'..f  (lu,  f...viK„  w  ,       ,1",    .  7""'T  """""•  '""• 

<l.n  pm,l ,n,u,f".  ,;.„,''"  "'"'  """''"•  I'"'""  '^■•"■ 

' I >i."P.»^r:;;Hi,:'::;;i':''''^"''< "-■""- 

Om  MioH,.v,.nlh   r:,|,,,  <,l,j,.c,,,.I,  Huy},,,; .  »TI.n  l.ill     Ml  r 
trofliK'M  II  «..f..i   .       I   ,•       .  '    'v'"K  •       *  no  hii    will  In. 

:p^;:y  ::n:'i;;;!;:i';::r::;^;-;r'7,  r 

«"PI'l.yll»'"i  will,  |,n,v,Vi„„„  ,,„  ||,„  ,,,,•,'•. '.''"'  """ 

"■"I' '---I-"!.  Wo Hi„.ii I ,,,:;;,;;' '"'"::"": '"^? 

oil  will,  |...   1    ;'      '  '  :^^  ";""  "'"•  ^™'  "'"  '<i"K  m  «„„.. 

'""»t  ilw.f„l  „t  1,„„  e  ,, „„.   '       '    7  ""  ".""  "  ""Kl't  prove 

Incro  ,«„„  ,1,1,1,, „„,  „,,„.,,     ,      '  '""",ir,i,i.       wi„lo 

"".  A„,..,.i,,,„  i,.  ev„^'  ^t  ::'■;"* '"  7t'«"'  »'«'  ■"-o 

United  t^tZZZt-    ,V'"'"r  ""™'""-'«'  •"•■'"•o™  «■« 


*  Alinon,  XXV!.,  .ISO. 

VOL.  VI.— a 


.f 


f  AInion,  xxvi.,  803. 


i 
t 
1 
i" 


1 

s 

1 

^^B 

i 

;.' 

,        ■      ,^-..Ji^.J.^ '  l-..^  I '    > 

^^^K',  V\ 

If    !      i     'f 

1    ■■ 

I 

■•  i] 


m 


.  ,,,■ 

I'M  , 

44 


THE  COJTFEDERATION. 


B.  I. ;  OH.  m. 


^11    ! 


•t "  ial 


Before  the  bill  was  discussGd  again,  tlio  coalition,  after 
long  delays  caused  by  almost  fatal  dissensions  among  them- 
selves, had  been  installed.  In  pursuit  of  an  ascendency  in  the 
cabinet.  Lord  North  plumed  himself  on  having  ever  been  a 
consistent  whig ;  believing  that  "  tlie  appearance  of  power  was 
all  that  a  king  of  England  could  have ;  "  *  and  insisting  that 
during  all  his  ministry  "  he  had  never  attributed  to  the  crown 
any  other  prerogative  than  it  was  acknowledged  to  possess  by 
every  sound  whig  and  by  all  those  authors  who  had  written  on 
the  side  of  liberty."  f  But  he  betrayed  his  friends  by  con- 
tenting himself  with  a  subordinate  office  in  a  cabinet  in 
which  there  would  always  be  a  majority  against  him,  and, 
while  Fox  seized  on  the  lead,  the  nominal  chieftainship  was 
left  to  the  duke  of  Portland,  who  had  neither  capacity  for 
business,  nor  activity,  nor  power  as  a  speaker,  nor  knowledge 
of  liberal  principles. 

The  necessity  of  accepting  a  ministry  so  composed  drove 
the  king  to  the  verge  of  madness.  He  sorrowed  over  "  the 
most  profligate  age  ;  "  "  the  most  unnatural  coalition ; "  ^  and 
he  was  heard  to  use  "  strong  expressions  of  personal  abhorrence 
of  Lord  North,  whom  he  charged  with  treachery  and  ingrati- 
tude of  the  blackest  nature."  *  "  "Wait  till  you  see  the  end,"  || 
said  the  king  to  the  representative  of  France  at  the  next 
levee;  and  Fox  knew  that  the  chances  in  the  game  were 
against  him,  as  he  called  to  mind  that  he  had  sought  in  vain 
the  support  of  Pitt ;  had  defied  the  king ;  and  had  joined  him- 
self to  colleagues  whom  he  had  taught  liberal  Englishmen  to 
despise,  and  whom  he  himself  could  not  trust. 

In  the  slowly  advancing  changes  of  the  British  constitution, 
the  old  whig  party,  as  first  conceived  by  Shaftesbury  and 
Locke  to  resist  the  democratic  revolution  in  England  on  the 
one  side,  and  the  claim  of  arbitrary  sovereignty  by  the  Stuarts 
on  the  other,  was  near  its  end.  The  time  was  coming  for  the 
people  to  share  in  power.  For  the  rest  of  his  life.  Fox  battled 
for  the  reform  of  the  house  of  conmions,  so  that  it  became  the 
rallying  cry  of  the  liberal  party  in  England.     A  ministry  di- 

*  Russell's  llemorials  of  Charles  Jatnes  Fox,  ii.,  38.       f  Almon,  xxvi.,  355. 
X  The  king  to  Shelburno,  22  February  1783.     MS.       »  Memorials  of  Fox.  ii.,  219. 
II  Moustier  to  Vergennes,  3  April  1783.    MS. 


1788. 


AMERICA  AND  GREAT  BRITALY. 


45 


vided  within  itself  by  irreconolhhla  ^^-  • 

Mng,  coafronted  by  Li':^:'^^^^^/'*^!^  '^""^ 
sition,  was  forced  tr,  f„ll ?i     ,•        ,'^'"'''  "M  cautious  oppo- 

United  StatesTdTktrd  to  tl     /'  -™i*«1  with  the 
brought  by  Fox  within  M=  T     !     """"^i  '^  '^'^  "*  once 

ignorance  rfpoIiSec^n     T'"™','  "'"'"°«'''  fr""  W" 
convictions  nor  a   on  LtentS^%r"  ''"^  ^'''^^'  A™ 
ont  glimpses  of  tl^Srofe^S-- -'. -"^-^^^ 
a  problem  how  far  the  nof  nf  .,     •    ";•      ,  ^"^  ^^"^  ^*  ^as 

and  what  ought  tl  be  i    fotl  T^^X  bm  '  "'h'T  7'""' 
ministry  had  beo-un  tn  n^^i    li         •  ''^  '"^  ^^'^^  *he  late 

^vith  Af„eriea':?:LVrn'  ira^^      ^  TT- 

:retr;e::if*::v;i-.- -- 
act  to  thU.cun.srnro?:ro';rnfcH :fr  ''^  "^^'="^""" 

chan^efS:?op;Lrof"*'  ■■'  r'  "^  "'»^'^-d  «-'  tte 
«on  Sf  thougi^ttreVilSd  "X  "n  ""^  ^'""  '=™'«- 
land,  in^tho  flush  of  yo'n.h,' had 'ptphllt? f  *"  ''"°"  °^  ^"S" 

ITnL  ^^  '}i\  ""'""  ^"'™'  f''"''  »  «<=»«  or  wind 

Who    nt        "T  *""  ""^  f°'-  ""  »»Wnd: 
Wliole  nations  eater  with  each  swelling  tide 

More  than  halH?"!  '""'  ""^  "^°"^  "'^^  "^-^^^  " 

,v  +1    •   X-  -^        ettorts  of  statesmen,  who  Inr]  PV^  i-    j 

*^"  ■7;.™igl't  have  aharod  their  i„do2n    '  '"''* 

liie  coahtion  cabinet  nf  ifa  ^'^.f         ^- 
part  of  the  navio-Xn  tt  V    5  "'"«  ""'''^^'^ '«  y'-'W  "o 

off  the  bill  befX-hamd  i^w"  "r""  "'  P"""^'  '»  P»' 
iea  "till  some  prog    s^l  o 'id  v ^^ 

tl^e  American  L^Z:t7'^  P  r""' ^TWr^t*'""  ^^^ 
Fox  sent,  as  minister  on  the  p4  of  r  .^/p  ?     *i"'™'  ^''''''y 

'e.,afriondofFranhlina„"drren':^,:;.!tLSr 

*Moastie.  to  Vcrgcnncs,  11  April  1783.     MS 

t  Fox  to  Hartley,  10  June  KS3.     MS 

*  ^  «  to  the  kias,  McTioriaU  of  Fo.,  ii    i  oo 


'<  '  1 


!i 


1    '           1 

46 


THE  OONFEDEKATION. 


B.  I. ;  on.  III. 


;    w  '  [ 


*  I 


f   1 


Tho  avowed  liberal  oi)iiiion8  of  Hartley  raising  distrust, 
Lord  Sheffield,  a  supporter  of  the  miuistrj,  and,  on  trade  with 
America,  the  master  authority  of  that  day  for  parliament,  im- 
mediately sounded  an  alarm.     "  Let  the  ministers  know,"  said 
ho  on  the  fifteenth,  in  the  house  of  lords,  "  the  country  is  as 
tenacious  of  the  principle  of  the  navigation  act  ;id  of  tho  prin- 
ciple of  JMagna  Cliarta.     They  must  not  allow  America  to  take 
British  colonial  produce  to  ports  in  Europe.     They  must  re- 
serve to  our  remaining  dominions  the  exclusive  trade  to  tho 
West  India  islands ;  otherwise,  tho  only  use  of  them  will  bo 
lost.     If  wo  permit  any  state  to  trado  with  our  islands  or  to 
carry  into  this  country  any  produce  but  its  own,  wo  desert  tho 
navigation  act  and  sacrifice  the  marine  of  England.    Tho  peace 
is  in  comparison  a  trifling  object."  *    But  there  was  no  need 
of  fear  lest  Fox  should  yield  too  much.     In  his  instructions  to 
Hartley,  he  was  for  taking  the  lion's  share,  as  Vergennes  truly 
said.f     lie  proposed  that  tho  manufactures  of  the  thirteen 
states  should  as  a  matter  of  course  be  excluded  from  Great 
Britain,  bat  that  British  manufactures  should  bo  admitted 
everywhere  in  the  United  States.     While  America  was  de- 
pendent, parliament  had  taxed  impoi'tations  of  its  produce, 
but  British  ships  and  manufactures  entered  the  colonies  free  of 
dutv.     "  The  true  object  of  tho  treaty  in  this  business,"  so  Fox 
enforced  his  plan,  "is  the  mutual  admission  of  ships  and  mer- 
chandise free  from  any  new  duty  or  imposition  ; "  :{:  that  is, 
the  Americans  on  their  side  should  leave  the  British  navigation 
act  in  full  force  and  renounce  all  right  to  establish  an  act  of 
navigation  of  their  own  ;  should  continue  to  pay  duties  in  tho 
British  ports  on  their  own  produce  ;  and  receive  in  their  own 
ports  British  produce  and  manufactures  duty  free.     One  sub- 
ject appealed  successfully  to  the  generous  side  of  his  nature. 
To  the  earnest  wish  of  Jay  that  British  ships  should  have  no 
right  under  the  convention  to  carry  into  the  stiites  any  slaves 
from   any  part  of  the  world,  it  being  the  intention  of  tho 
[Jnited  States  entirely  to  prohibit  their  importation,^  I'ox 
answered  promptly :  "  If  that  be  their  policy,  it  never  can  bo 

*  Almon,  xxvi.,  615.  f  Works  of  Jolin  Adaiua,  iii.,  380. 
t  Fox  to  Hartley,  10  April  1783,     MS. 

•  June  1733.     Diplomatic  CorrcdpouJoncc,  x.,  154. 


1783. 


AUEKIOA  AND  GREAT  BEITAUf. 


47 

competont  to  us  to  disputo  with  tl.om  their  own  roguIationB  "  • 
In  ,ke  8p.„t,  to  formal  complaint,  that  Carleton,  "in  tho  f„e 
of  tho  treaty,  pereiated  in  sending  off  negroes  hy  bnndlo^' 
lox  „,ado  answer:  "To  have  restored  negroes  whom  wTL 
vited,  seduced  .f  you  will,  under  a  promise  of  libort^  7o  Z 
tyranny  ,„<]        -^^  ^^  j^„  ^^^  ^^  former  i™ 

wou  d  have  been  such  an  act  as  scarce  any  orde™  f "m  S 
employe,,  (and  no  such  orders  exist)  coald  Lave  induTed  . 
man  of  honor  to  execute."  f  "miicoa  a 

The  dignity  and  interests  of  the  republic  were  safe  for 
hoy  were  conhded  to  Adams,  Franklin,  id  Jay.  In  Ameri™ 
here  existed  as  yet  no  system  of  restrictions  f  and  ^ng^ 
had  no  power  to  protect  shipping  or  establish  a  eustomZT 
The  states  as  dependencies  had  been  so  severely  and  so  wat 
ton  y  cramped  by  British  navigation  acts,  and  for  more  tira 
ccnt,.ry  had  so  steadily  resisted  them,  thlt  tl,e  desire  of  aL 
he  freedon.  of  commorco  had  become  a  part  of  their  Ltoe 
The  American  commissioners  wore  very  much  nleased  witl 
the  trad^biU  of  Pitt,  and  with  the  prine^iplerexSin  S 

Srst    V       '"'""™  ?"."■'  -  P"l-™™t  awakened  "h 
distrust     They  were  ready  for  any  event,  having  but  tho  one 

snnple  and  mvarial.le  policy  of  reciprocit;.  TlJrcho  e  and 
then- offer  was  mutual  unconditional  free  trade;  but,  however 
narrow  m.gh  be  the  limits  which  England  should  imLse  13 
were  resolved  to  insist  on  like  for  like"  t  The  Briti7eomS 
s,oner  was  h.mself  in  favor  of  the  largest  liberty  for  commeree 

^Z^^^i;^^-  '— «  "sition  2 

thetj^r:i:i:\t.:;:nir^^^^^^ 

Amenea  had  no  power  to  adopt  measures  of  defensive  legisla- 
tion.  There  were  many  who  considered  the  United  States  as 
havmg  no  government  at  all,  and  there  were  some  who  looked 
for  the  early  dissolution  of  the  governments  even  of  the  sena- 

law  rtd    ^     y^'^g"'™.  accordingly,  p™p„,ed  that  t'he 

aw  for  adm.ttmg  Amenean  ships  should  apply  not  merely  to 

tl.o  ships  of  the  United  States,  but  to  ships  belonging  to  ™y 

•r»x .0 B.r.,c,,  10  jj„,„  ,,,,    MS.  ^  ,„  „  „„       , 

t  Hartley  to  Foi,  20  May  17.83.     ilS. 


hi 


!  f 


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if  <  ■ 

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J 

48 


THE  CONFEDERATION. 


i  I 


on.  in. 


ri,,!i 


one  of  the  states  and  to  any  ship  or  vessel  belonging  to  any  of 
the  inhabitants  thereof.  He  was  snpported  by  Thurlow,  who 
said :  "  I  have  read  an  account  which  stated  the  government  of 
America  to  be  totally  unsettled,  and  that  each  province  seemed 
intent  on  establishing  a  distinct,  independent,  sovereign  state. 
If  this  is  really  the  case,  the  amendment  will  bo  highly  neces- 
sary and  proper."  *  The  amendment  was  dropped ;  and  tlio 
bill  under  discussion,  in  its  final  shape,  repealed  prohibitory 
acts  made  during  the  war,  removed  the  fonnalities  which  at- 
tended the  admission  of  ships  from  the  colonies  during  their 
state  of  dependency,  and  for  a  limited  time  left  the  power  of 
regulating  commerce  with  America  to  the  king  in  council. 

Immediately  the  proclamation  of  an  order  in  council  of 
the  second  of  July  confined  the  trade  between  the  American 
states  and  the  British  West  India  islands  to  British-built  ships 
owned  and  navigated  "  by  British  subjects."    "  Undoubtedly," 
wrote  the  king,  "  the  Americans  cannot  expect  nor  ever  will 
receive  any  Umr  from  rae."t    To  an  American,  Fox  said: 
"  For  myself,  I  have  no  objection  to  opening  the  AVcst  India 
trade  to  the  Americans,  but  there  are  many  parties  to  please.":|: 
The  blow  fell  heavily  on  America,  and  compelled  a  read- 
justment of  its  industry.     Ships  had  been  its  great  manufac- 
ture for  exportation.     For  nicety  of  workmanship,  the  pahn 
was  awarded  to  Philadelphia,  but  nowhere  could  they  be  built 
80  cheaply  as  at  Boston.     More  than  one  third  of  the  tonnage 
employed  in  British  commerce  before  the  war  was  of  Ameri- 
can construction.     Britain  renounced  this  resource.     The  con- 
tinent and  West  India  islands  had  prospered  by  the  convenient 
interchange  of  their  produce ;  the  trade  between  nearest  and 
friendliest  neighbors  was  forbidden,  till  England  should  find 
out  that  she  was  waging  war  against  a  higher   power  than 
the  United  States  ;  that  her  advei-sary  was  nature  itself.    Her 
statesmen  confounded  the  "  navigation  act "  and  "  the  marino 
of  Britain ; "  #  the  one  the  offspring  of  selfishness,  the  other 
the  sublime  display  of  the  creative  power  of  a  free  people. 

*  Almon,  xxviii,,  180,  181. 

f  Correspondence  of  George  III,  with  Lord  North,  ii.,  442. 
t  Diplomatic  Correspondence,  1783-1787,  ii.,  513;  Fox  to  Hartley,  10  Juno 
1783.    MS.  «  Shefficia's  Coinmcrco  of  tbo  Aiucncan  States,  preface,  10. 


1788. 


AKERIOA  AND  GREAT  BRITAIN. 


49 

Snel.  w.-^  tho  issue  between  tlie  ancient  nation  whidifalselv 
and  foolishly  and  miaehievouely  believed  that  its  s2riont 
m  oemmerce  was  due  to  artificial  legislation,  and  a  ZnZ2. 
plo  wb.ch  solicited  free  trade.    Yet  thrico  blessed  w^  m 

patSm  of  ri      "•!•"""  *'"'  ""^  '°  *«  »^'f-™P™'  »d 
h'tobelg.  "  '"  '''™''  '"  '*"'""  govc^ment 

Full  of  faUl.  in  the  rising  power  of  America,  Jay,  on  the 
«venteenth  of  July,  wrote  to  Gouvcrneur  Morris  "  Thepri 
ent  mm,stry  .ore  duped  by  an  opinion  of  our  not  having™  ol 
and  energy  suiacient  to  retaliate  their  restrictions.  No  timet 
to  be  lost  ,n  raismg  and  maintaining  a  national  spirit  in  Ame^ 
-ea.  Power  to  govern  the  confederacy  as  to  all  general  pur 
poses  .hould  be  granted  and  cxei^ised.  In  a  word  evcrthC 
conducive  to  union  and  constitutional  energy  should  beeS 
vated  che„shcd,and  protected.-    Two  d!ys  late    he  ^^o' 

.onT  nfri:  „t'Tr°"  "1  """^  '""'"y-  "A  continental^ 
tional  spirit  should  pervade  our  country,  and  congress  sho„M 

be  enabled,  by  a  grant  of  the  necessary  powers, rSateThe 

commerce  and  geneial  concerns  of  thc^^nfeder  eyToa  hi 

bim .  The  British  ministry  will  find  us  like  a  globe-not  to 
bo  overset  Theywishtobe  the  only  carriers  between  tit 
islands  and  other  countries;  and  though  they  are  aZled  of 
our  right  to  regulate  our  trade  oa  we  please,  /etTsZeetlet 
flatter  heinselves  that  the  different \tates' possessTlMe 
of  a  national  or  eontmental  spirit  ever  to  agree  in  any  one  nt 

"The  bS        "!"'  f"'  ""'  «"''  t"'"™"'™  "^»™ken " 

rep  ed  to  Jav"""     °"/    ■"  ?°"™™"^  ^-'"■'-"  """time 
replied  to  Jay,  "arc  deceived,  for  their  conduct  itself  will 

g^vo  congress  a  power  to  retaliate  their  restrietions.t    Til 

country  has  never  yet  been  known  in  Europe,  least  of  all  to 

EngUnd  because  they  constantly  view  it  th'l-Jngh  a  med km 

of  prejudice  or  of  faction.    True  it  is  that  the  generT^ov 

eminent  wants  energy,  and  equally  true  it  is  ttathtr; 

..  riLaijer  J  (Hi,    opaiks  3  0.  JlOl'lis,  i.,  259. 


lit*-'    Y  ''>'•' 


( 


( 


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i 

'\''^ 

"I  i  i  '    f  -^ 

1            :'      '            , 

r               »          .    ,    if 

Si      :.^^^ 

.;  - 

Hi''    ' 

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I 


60 


TDE  CONFEDERATION. 


B.  I. ;  en.  III. 


,* .  I*..? 


4  1     ■  ' 

1  W  I't'i 

lit^ 

will  eventually  bo  supplied.  Do  not  ask  the  British  to  take 
off  tlieir  foolish  restrictions ;  the  present  regulation  docs  us 
more  political  good  than  commercial  mischief."  * 

On  the  side  of  those  in  England  who  were  willing  tcJ  ac- 
cept the  doctrines  of  free  trade,  Josiah  Tucker,  the  dean  of 
Gloucester,  remarked :  "  As  to  the  future  grandeur  of  Amer- 
ica, and  its  being  a  rising  empire,  under  one  head,  whether 
republican  or  monarchical,  it  is  one  of  the  idlest  and  most 
visionary  notions  that  ever  was  conceived  even  by  writers  of 
romance.  The  mutual  antipathies  and  clashing  interests  of  the 
Americans,  their  difference  of  governments,  habitudes,  and 
manners,  indicate  that  they  will  have  no  centre  of  union  and 
no  common  interest.  They  never  can  be  united  into  one  com- 
pact empire  under  any  species  of  government  whatever ;  a  dis- 
united people  till  the  'end  of  time,  suspicious  and  distrustful 
of  each  other,  they  will  be  divided  and  subdivided  into  little 
commonwealths  or  principalities,  according  to  natural  bounda- 
ries, by  great  bays  of  the  sea,  and  by  vast  rivers,  lakes,  and 
ridges  of  mountains."  f 

The  principle  of  trade  adopted  by  the  coalition  ministry 
SheflSeld  set  forth  with  authority  in  a  pamphlet,  which  was 
accepted  as  an  oracle.  "  There  should  be  no  treaty  with  the 
American  states  because  they  will  not  place  England  on  a  bet- 
ter footing  than  France  and  Holland,  and  equal  rights  will  be 
enjoyed  of  course  without  a  treaty.  The  nominal  subjects  of 
congress  in  the  distant  and  boundless  regions  of  the  valley 
of  the  Mississippi  will  speedily  imitate  and  multiply  the  exam- 
ples of  independence.  It  will  not  be  an  easy  matter  to  bring 
the  American  states  to  act  as  a  nation ;  they  are  not  to  be 
feared  as  such  by  us.  The  confederation  docs  not  enable  con- 
gress to  fonn  more  than  general  treaties ;  when  treaties  be- 
come necessary,  they  must  be  made  with  the  states  separately. 
Each  state  has  reserved  every  power  relative  to  imposts,  ex- 
ports, prohibitions,  duties,  etc.,  to  itself.  :|:  If  tlie  American 
states  choose  to  send  consuls,  receive  them  and  send  a  consul 
to  each  state.     Each  state  will  soon  enter  into  all  necessary 

•Gouvcrneur  Jforris  to  Jay,  10  January  1T84.     Ibid.,  266,  '    ;, 

f  Dean  Tucker's  Cui  Bono,  ITSl,  11"V-119. 

J  Shefficld'a  Commerce  of  the  Americaa  States,  183,  193,  191,  :08-200. 


1783. 


AMERICA  AND  GREAT  HRITAIN. 


51 


time  powers  is  certain  •  TZ  "iwiitageous  to  the  man- 
would  l,avo  n,,eh  Z;  of  7""'  •'""P"''^""^'  """°  "^^ 
neutrality  would  1,0  rr»rtLtir^"«  '™''°-  ^''°  '™^'J 
the  Barbara  stat  J  J u^^^Ji  "  f         '       '™*™'  ^ °"^"  " 

thero"we;"'::  A,™  TiTur'  *"  "■^■^'"'■"«  *'■»'.  if 

build  one.  t  '  """^^  ^"ShM'B  while  to 

of  European  seamen  from  scrviee  in  thH™    •  ^'^«'»™n 

made  a  mrt  of  T!rit!.i       >■     7       ^  American  marine  was 

the  peaee^  "''  """"^^  '^"^  "^^  S"^*  establishment  of 

o  J?o ESd^toT'i'j  '^m"'™°  °'  "•■''  »»'»-■'"«».  "^o 
States  of  America  Z  Id  1  "  ."'"""^  f'""  *'"'  ^''^^ 

doubtedly,"  rnsweJ fIv  T'"''^  "■■'="'"°<'-  "Most  un- 
belief.  I  SntZTklZTr  T""  ''^'  ^"^land  in  that 
certainly  can  novrel^m^ari  »'/"""'''  ™'  *"'^'"'  ^'i '  "  I 
indeed/l  should  ttok  ft  wil^fj^^^.^f'"  '","'^.-  ^O, 

agents  who  can  settle  any  mSei  of  !^  "^  "'I?  ''•"°  ""'^ 
state  certainly  for  vearacaZf  f  "t^""™"™-  That  revolted 
The  plan  at  court  wrr^'''"f'"'"™''«''™"""«'>t."A 

that  end  to  eceZ  o^  v  17  r  "'°  ^"""=*  «'»'^='  »<J  f<>' 
states  and  not  fS^  rth!!  tZ7'  "™  °^  *"^  ^^''™'« 

what::ltb::r:a"  Mf:,"  ^r  -t'  *"'"  -^  *-*^ 


Shofr.cId'«  Commerco  of  the  United  States,  211 
I  Shorn  n.'n'''''^"'^^"  Correspondence,  i;,  HO 

»  mT   I'  r™'"°  "'  *''''  ^"""^<'»''  S'at  «,  205  note 
I  Diplomatic  Correspondcneo,  ii..  fiIO-615 

Kins  to  Fox,  7  August  1783  ;  MemoHals  of  Fox  ii    U, 

0  Adh6mar  to  Vergennes,  7  A«sust  1783.     MS  ' 


t  Ibid.,  204,  205,  note. 


.'M 


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52 


THE  CONFEDERATION. 


B.  t. ;  on.  ni. 


if 


further  stipulations  of  any  kind,  so  tliat  all  other  questions 
might  have  been  left  at  loose  ends.  Even  Fox  was  dishiclined 
to  impart  any  new  life  to  the  provisional  articles  agreed  upon 
by  the  ministry  which  he  supplanted.  He  repeatedly  avowed 
the  opinion  that  "  a  definitive  treaty  with  the  United  States 
was  perfectly  superfluous."  *  The  American  commissioners 
became  uneasy ;  but  Yergennes  pledged  himself  not  to  pro- 
ceed without  them,f  and  Fox  readily  yielded.  On  the  third 
of  September,  wlien  the  minister  of  France  and  tlie  ambassa- 
dors of  Great  Britain  and  Spain  concluded  their  conventions 
at  Versailles,  the  American  provisional  articles,  shaped  into  a 
definitive  treaty,  were  signed  by  Hartley  for  Great  Britain ;  by 
Adams,  Franklin,  and  Jay  for  the  United  States  of  America. 

The  coalition  ministry  did  not  last  long  enough  to  exchange 
ratifications.  To  save  the  enormous  expense  of  maintaining 
the  British  army  in  New  York,  Fox  hastened  its  departure ; 
but  while  "  the  speedy  and  com})lete  evacuation  of  all  the  ter- 
ritories of  tlie  United  States  "  |  was  authoritatively  promised 
to  the  American  commissioners  at  Paris  in  the  name  of  the 
king,  Lord  North,  acting  on  the  petition  of  merchants  inter- 
ested in  the  Canada  trade,**  withheld  orders  for  the  evacuation 
of  the  western  and  north-western  interior  posts,  although  by 
the  treaty  they  were  as  much  an  integral  part  of  the  United 
States  as  Albany  or  Boston ;  and  this  policy,  like  that  relating 
to  commerce,  was  continued  by  the  ministry  that  succeeded 
him. 

AYe  may  not  turn  away  from  England  without  relating 
that  Pitt  for  the  second  time  proposed  in  the  house  of  com- 
mons, though  in  vain,  a  change  in  the  representation,  by  intro- 
ducing one  hundred  new  members  fro.i  the  counties  and  from 
the  metropolis.  Universal  suffrage  he  condemned,  and  the 
privilege  of  the  o\vners  of  rotten  boroughs  to  name  members 
of  parliament  had  for  him  the  sanctity  of  private  property,  to 

*  Fox  to  duke  of  Manchester,  9  August  1783.     Same  to  same,  4  August  1783. 
MS.     Same  to  Hartley  4  Auj^ust  1 783.     MS. 

f  Hartley  to  Fox,  31  July  1783.     JIS, 

X  Fox  to  Hartley,  10  Jun«  1783.     MS.    Compare  Fox  to  Hartley,  18  Slay 
1783.     MS. 

*  Regulation.^  proposed  by  the  merchants  interested  in  the  trade  to  the  prov. 
ince  of  Quebec,  1783.    MS. 


"88.  AMERICA  AND  GREAT  BRITAIN.  53 

bo   taken  away  only  after  compensation.    "Mankind"  .ai.l 
Fox,  "aro  made  for  tl.emselve,,  not  for  others.    Tllo  bet 
government  .  that  in  whieh  the  people  have  the  greatest  shaf 
Ihe  present  motion  will  not  go  far  onouo-l,  •  !>,?.  „.  •. 
an.e„dme„t,  I  give  it  my  hearly  s.^o^T   '       '  ^  "  "  "" 
An  early  and  a  most  beneficent  result  of  the  American 
rovoh,  ,o„  was  a  reform  of  tho  British  colonial  system     tIT 
t,on  of  coIon,es  by  tho  parliament  of  Great  Britl   beat 
men    of    hem  aa  worthless  except  as  drudges  for  the  LnrM^ 
mont  of  the  ruhng  kingdom,  plans  of  governing  them  on  tt 
maxnn,  of  a  Hillsborough  or  a  Thurlow/  came  fo  an  end     It 

ffTh::a;:::::i;t;?''™  '^»' — "^  '■■»  <^^^^ 

*  Sheffield's  Couimcrcc  of  tho  Amoricau  Statea,  1 V6-1Q0. 


1  *3  "   ■ 

1:; 


rl 

1  ■ 

:  1' 

■d   ■ 

•V 

i 

M 


THE  CONFEDERATION. 


D.  t,  ;  OH.  IT. 


I?     I! 


M 

'■'ft 


''I'.'lJ 


CIIAPTETl  IT. 


AMERICA   AND  CONTINENTAL   EUROPE. 


|i    ■''•:i 


1783. 

TiiE  govcrnmcnta  of  continental  Europo  vied  with  each 
otlier  in  Avelconiing  tlic  new  repitblic  to  its  place  among  the 
powers  of  the  world.  In  May  1782,  as  soon  as  it  was  known 
at  Stockholm  that  tlic  negotiations  for  peace  were  begun,  the 
adventurous  king  of  Sweden  sent  messages  of  his  desire, 
through  Franklin  above  all  others,  to  enter  into  a  treaty  with 
tlie  United  States.  Franklin  promptly  accepted  the  invita- 
tion. The  ambassador  of  Gustavns  at  Paris  remarked  :  "  I 
hope  it  will  be  remembered  that  Sweden  was  the  first  power 
in  Europe  which,  without  being  solicited,  offered  its  friendship 
to  the  United  States."  *  Exactly  five  months  before  the  de- 
finitive peace  between  the  United  States  and  Great  Bi'itain  was 
signed,  the  treaty  with  Sweden  was  concluded.  Each  party 
was  put  on  the  footing  of  the  most  favored  nations.  Free 
ships  were  to  make  passengers  free  as  well  as  goods.  Liberty 
of  connncrce  was  to  extend  to  all  kinds  of  merchandise.  The 
number  of  contraband  articles  was  carefully  limited.  In  case 
of  a  maritime  war  in  which  both  the  contracting  parties  should 
remain  neutral,  their  ships  of  war  were  to  protect  and  assist 
each  other's  vessels.  The  treaty  was  ratified  and  proclaimed 
in  the  United  States  before  the  definitive  treaty  with  Great 
Britain  had  arrived.f 

The  successful  termination  of  the  war  aroused  in  Prussia 
hope  for  the  new  birth  of  Europe,  that,  by  the  teachings  of 
America,  despotism  might  be  struck  down,  and  the  caste  of 

*  Franklin'a  Works,  is.,  342.  f  Journals  of  Congress,  iv.,  241. 


1783.  AMERICA  AND   CONTINENTAL  EUKOPE.  55 

horoditary  nobility  give  place  to  republican  equality.     These 
aspirations  wore  suffered  to  be  printed  at  Berlin.^* 

The  great  Frederick  had,  late  in  1782,  declared  to  the 
British  minister  at  his  court,  half  in  earnest  and  half  cajoling 
that  "  he  was  persuaded  the  American  union  could  not  lonVj 
subsist  under  its  present  form.     The  great  extent  of  country 
would  alone  be  a  sufficient  obstacle,  since  a  republican  govern- 
ment had  never  been  known  to  exist  for  any  length  of  time 
where  the  territory  was  not  limited  and  concentred.     It  would 
not  bo  more  absurd  to  propose  the  establishment  of  a  democ- 
racy to  govern  the  whole  country  from  Brest  to  Ilio-a     No 
inference  could  be  drawn  from  the  states  of  Yenicc,  Holland 
and   Switzerland,  of  which  the  situation  and  circumstances 
were  perfectly  different  from  those  of  the  colonies."  f    Ho 
did  not  know  the  power  of  the  representative  system  nor  could 
he  foresee  that  by  the  wise  use  of  it  the  fourth  of  his  succes- 
sors would  evoke  the  German  state  from  the  eclipse  of  centu- 
ries, to  shine  with  replenished  light  as  the  empire  of  a  people 
For  the  moment  he  kept  close  watch  of  the  progress  of  the 
convention  with  Sweden,  and,  so  soon  as  it  was  signed,  directed 
his  minister  in  France  to  make  overtures  to  Franklin,  which 
were  most  gladly  received.  ^ 

Full  seven  months   before  the   peace  a  member  of  the 
government  at  Brussels  intimated  to  William  Lee,  a  former 
commissioner  of  congress  at  the  court  of  Vienna,  that  Joseph 
II.,  who  at  that  time  harbored  the  hope  of  restoring  to  Belgian 
commerce  its  rights  by  opening  the  Scheldt  and  sd  preparing 
the  way  for  a  direct  trade  with  America,  was  disposed  to  enter 
into  a  treaty  with  the  United  States.*    Soon  after  the  pre- 
liminaries of  peace  between  France  and  Great  Britain  had  been 
signed,  the  emperor  let  it  be  insinuated  to  Franklin  that  he 
would  be  well  received  at  Vienna  as  the  minister  of  a  sovereign 
power.  II     In  the  following  year  an  agent  was  sent  from  Bel- 

*  Die  Frcibeit  Amerika'a.  Ode  vom  Ilcrrn  Pr.  J.  E.  H.  Bcrliniscl.c  Monats- 
8chnft  Apnl  1J63,  386.    Sec  J.  Schorr's  Kultur  und  Sittengcschichte,  n08,  619 

t  bir  John  Stepney  to  secretary  of  state,  22  October  1782.     MS. 

t  Goltz  to  Frederick,  3  March,  28  April,  30  Juno  1783.     MSS 

»  William  Leo  to  secretary  of  foreign  affairs,  31  March  1782,  Diplomatic 
Correspondence,  ii.,  360. 

J  Letter  to  Frauldin  from  Vienna,  8  April  1783,  Franklin's  V/orks,  ii.,  501. 


*  iy 


'        Vj; 


'H- 


i  I 


I! 


t   [ 


r:.4^ 


'in 


66 


THE   CONFEDERATION. 


I!      :! 

J 


n,  I. ;  on.  iv. 


gium  to  the  United  Stiitoa.  Tlio  Beljijiana  produced  in  iinsnr- 
passed  excellence  manufactures  which  America  needed ;  hut 
they  were  not  cntcrpriHing  enough  to  estahUsh  houses  in  Amer- 
ica, or  to  grant  its  merchants  the  extended  credits  which  ivoro 
oCfored  in  England.*  The  subject  gained  less  and  less  atten- 
tion, for  the  emperor  was  compelled,  in  violation  of  natural 
rights,  to  Buffer  the  Scheldt  to  be  closed. 

On  the  twenty  -  second  of  February  1783,  Hosencrono, 
minister  of  foreign  affairs  in  Denmark,  comnnmicated  to 
Franklin  "the  satisfaction  with  which  the  king's  ministry  had 
learned  the  glorious  issue  of  the  war  for  the  United  States  of 
America,"  and  their  desire  to  fonn  connections  of  friendbhip 
and  commerce.  "  To  overtures  for  a  treaty  like  that  between 
congress  and  the  states  genera  V'  he  added,  "  we  should  eagerly 
and  frankly  reply."  But  a  question  of  indemnity  for  viola- 
tions of  neutrality  by  Dcmnark  during  the  war  impeded  the 
negotiation. 

Before  the  end  of  ^March  the  burgomaster  and  senate  of 
the  imperial  free  city  of  Hamburg,  seeing  "European  powers 
courting  in  rivalry  the  friendship  of "  the  new  state,  and  im- 
pressed with  "the  illustrious  event"  of  the  acknowledged  in- 
dependence of  America  as  "  the  wonder  of  that  age  and  of 
remotest  ages  to  come,"  deputed  one  of  their  citizens  to  bear 
to  congress  their  letter,  offering  free  trade  between  the  two 
republics. 

In  midsummer,  1783,  Portugal  made  overtures  to  treat 
with  Franklin,  but  did  not  persist  in  them. 

Russia  Wiis  at  that  time  too  much  engrossed  by  affairs  in 
the  East  to  take  thought  for  opening  new  channels  of  com- 
merce with  the  West ;  and  the  ITnited  States,  recalling  their 
minister,  declined  to  make  advances.  But  the  two  nations, 
without  any  mutual  stipulations,  had  rendered  each  other  the 
most  precious  services.  Catherine  had  scornfully  refused  to 
lend  troops  to  George  III.,  rejected  his  entreaties  for  an  alli- 
ance, and  by  the  armed  neutrality  insulated  his  kingdom ;  the 
United  States,  by  giving  full  emplojTucnt  to  the  maritime 
powers,  had  made  for  the  empress  the  opportunity  of  annex- 
ing to  her  dominions  the  plains  of  Kuban  and  the  Crimea. 

*  Correspondence  of  the  Austrian  agent,  nciron  dc  Beelen  Bertholff.    MS. 


1783. 


AMERICA  AND  CONTINENTAL  EUROPE. 


57 

^  Of  tlio  chief  conunereial  nations  of  Enropo  iroll.nrl  onf 
tained  for  America  tJ.n  m^.^  f  •      n        ".  i'^'  Jioiiand  enter- 

it  had  any  rJX^^  ,f  "•  '"  """^'^  ""  "'»  ^-Ji'  -hici, 

«eJ,  and  ^Itou'^'' HC  Z"Z'  f  t'.o  c„l„„ie,%aa 

States  in  tho  South  wp  •     •>    4     "'™'  "^  "'"  "■"'«'! 

.n.ic,d„o  reLifiltTof  .hotldt;?^:""" ;'""''  '<" 
fitranecs  of  Lafayette  ho  in  ,,, ''"""'^"'>^'  ^"^  «»  the  remon- 

:rr  i:::5:r  :ii'''^'''  r  ^'o-^rand^re^t 

neighborhood  of  En,vli,I,  Z     ■     1    ,    '"'  '""^  ''™<'''d  the 

tains  of  the  JltLppi  17,.  Tr  \'^"™'"  '°  "">  ^°"°- 
was  distinctly  f^  ?n  l^ZT  f^  ''"°"»'  S'oMh 
rebellion  in  South  Amori,.-,  I  !     '  *'"'  «"l>I™ss:on  of  a 

thousand  lives  ndT  dim  T  "f'  """^  "'^"  »  ''""''^"'J 
boundless  re^L  "  ;!  t  L  Af  T'^F  t'""'  "'"' 
statesnun  who  had  si  Jed  f^f  t  .  T  '  "'"  ^'"•-««1'W 
dispatehcs  to  FloridXncet  forth"  ,  """"' ;'"  '"■'  °™^-''" 

t..gai  would  bo  worth  ntr'trs;''.';:  Tr  a'"'  ^"- 

main-land.     Of  the  i'^'.nrlfll.n  ^         ?        *^'°  Amencan 

dependence:™;  ctrdtrCoT  '''""''  '"  '^'-' 


If     # 


■(  fit 


u 


i)« 


i  ■ '     ! 


.-  •» 

■ 

.J 

r 

:  1 

^t 


I    ! 


.:       i     ^ 


f  ;■   •! 


!K  I! 


m 


58 


THE  CONFEDERATION. 


B.  I.  ;  OH.  IV. 


Even  Yergenncs,  wliile  he  believed  that  the  attachment  of 
America  to  the  alliance  would  be  safest  if  the  confederation 
could  keep  itself  alive,  held  it  best  for  France  that  the  United 
States  should  fail  to  attain  the  political  consistency  of  which 
ho  saw  that  they  were  susceptible ;  and  he  remained  a  tranquil 
spectator  of  their  efforts  for  a  better  constitution.  Lafayette 
not  only  watched  over  the  interests  of  America  in  Europe, 
but  to  the  president  of  congress  and  to  the  secretary  for  for- 
eign affairs  he  sent  messages  imploring  American  patriots  to 
strengthen  the  federal  union. 

Ambo3  Mundos,  for  May  1856,  written  by  Ferro  del  Rio.  In  his  letter  on  ex- 
changing for  Portugal  the  Spanish  possessions  in  America,  Aranda  writes,  "  ex- 
ceptuaudo  las  islas."     The  train  of  thought  is  the  same. 


i       llj 


:*l 


1783. 


A  CALL  ON  THE  ARMY  TO  INTERPOSE. 


69 


CHAPTER  y. 

A  CALL   ON    THE   AKMT  TO  INTERPOSE. 

Januaey-March  1783. 

,.^JZts,i  ,:2r jr.r  'r- 

that  .any  of  „s  arf  uTabk  o  JfaXrUlf -^-^f  V^ 
offered  to  us  wliilp  fl,.      i  I^  ^    ^f  "^^er.     fehadows  have  been 

VOL.  VI.-6  —.n^,  ui;icc;c  in  system,  or 


iifltttW    ii! 


i '; 


I   ;  ijij  I 
I  'I'll' j 


» 


l*ift!    !.!' 


,'H 


II 


,■ 


60 


THE  CONFEDERATION. 


n.  I. ;  cii.  V. 


Hogloc't  in  oxcciition,  wo  liiivo  hivariubly  boon  tlio  BiiderorH  by 
liuiigor  and  nakedness,  and  by  languinbing  in  a  bos[)ital.  AVo 
bog  loavo  to  urge  an  ininiodiato  adjustniont  of  all  (bios. 

"  Wo  800  witb  cbagrin  tho  odiouH  j)(>int  of  view  in  wliich 
tbo  citi/ons  of  too  many  of  tho  statoH  oiidoavor  to  ])laeo  tho 
nion  entitled  to  half-pay.  l'\)r  tbo  honor  of  bninan  natnro  wo 
hope  that  thero  arc  nono  so  Iiardeiunl  in  tho  sin  of  ingratitudo 
as  to  deny  tho  justice  of  tbo  reward.  To  ])revent  altercations, 
w^o  are  willing  to  coniniuto  the  ]uilf-j)ay  pledged  for  full-pay 
for  a  certain  number  of  years,  or  for  a  sum  in  gross.  An<l 
in  this  we  pray  that  tho  diriabled  oflieers  and  soldiers,  with  tho 
widows  antl  ori>han8  of  those  who  havo  cxi)end('d,  or  may  ox- 
pond,  their  lives  in  tho  service  of  their  country,  may  bo  fully 
comprehended. 

"  (leneral  dissatisfaction  is  gaining  ground  in  tbo  army, 
from  evils  and  injuries  which,  in  tho  eoui-so  of  seven  long 
years,  have  made  their  condition  in  many  instances  wretched. 
They  therefore  entreat  that  congress,  to  convince;  tho  army 
and  the  worM  that  tho  independence  of  America  shall  not  bo 
placed  on  tho  ruin  of  any  particular  cliu?s  of  her  citizens,  will 
point  out  a  mode  for  inunediate  redress." 

The  grand  conmn'ttce  to  whom  tho  memorial  was  referred 
held  a  conference  >vith  the  superintendent  of  finance*.  IFo  de- 
clared jieremjitorily  that  it  w:us  imjiossible,  in  the  ]>resent  stato 
of  the  finances,  to  make  any  payment  to  tbe  army,  and  that  it 
would  be  imprudent  to  give  assurances  with  regard  to  future 
pay  until  funds  that  could  bo  relied  upon  should  be  estab- 
lished. Not  oidy  had  he  no  money  in  hand,  but  he  had  over- 
drawn his  account  in  Europe  to  the  amoutit  of  three  and  a  half 
millions  of  livros.  IIo  therefore  asked  a  decision  on  the  ex- 
pediency of  staking  the  public  credit  on  further  dnifts  to  bo 
mot  by  the  contingent  jiroceeds  of  a  loan  from  the  Dutch  and 
by  the  friondsliip  of  France.  On  tho  tenth  of  Jnnuary,  con- 
gress, under  an  injunction  of  secrecy,  authorized  the  superin- 
tendent to  draw  bills  on  tho  credit  of  apjiHcations  for  loans  in 
Europe,  Dyer  of  Connecticut  alone  opposed  tho  measure  as 
unwarranted  and  dishonorable,  but  allowed  the  resolution  to 
bo  entered  as  unanimous.* 

*  Gilpin,  24S-252,  209  ;  Elliot,  21,  22,  38 ;  Secret  Journals  of  Congress,  1 ,  283. 


iv«a. 


A  C'Af.I,  ON  THE  ARMY  TO   INTEUI'OSE. 


61 

nf  tp!;;::,:  j;,:7ct',,3r  ;■'''  "■'"  ""»•""  ^ 

F.l>lic  wl,i„l,  tl,o  |,„l,l.-„  uLlf    2        "'.'■"«"™™te  *»  "■« 

«-e  „.  t.„,i  'wi,; ::  a  :i ';, :"  r^';«  j?  "■"* """« -'■-''. 

irritatfon  that  tl.e  me,nl,„rs  ,V  Cl    '    \  "  ™"'™  "' 

«ii  ti,o,  „„d  paid  ti:i'x  t,  7;':  "ir  r„  ""^t,"  r 

of  tl,o  Unite!  States  regularly  rccoLd  tl,o    1  .  ,    I'" 

of  the  folora  government  and  the  unwillinfinc/of  the  sU ta 

tc*to  «  nch  nught  ensue  among  the  states  would  be  sure  L 
ombrod  their  respeetive  ofHccrs."  " 

Ilmnilton  had  for  In-mself  n.nonnced  the  half  mv  Tl, 
K™„d  co,„n,ittee,  in  their  „.port  which  h  d  tradvl  d 
«".ne  payn,e,,t  to  the  anny  a«  soon  a,  possible  •  or  tie  ^^ 
«.  T  we,,  to  have  no  priority  over  other  ereditos,  a  1  were  to 
w«  t  ad<o  for  the  f,n„|ing  „f  the  whole  debt  of  the  Tl.dted 
Mates  by  general  revenues.  The  offleen,  were  to  have  tl  e  o,v 
t.on  of  preserving  their  claim  to  half-pay  as  it  tl  en  stood  o^ 
"cceptmg  a  connnutation  i  I  ^       "  ""-n  stood,  or 

nobin  Ci'sXiif  i''rdo7tr, "' ''"'-""'"  ""-"o 

».»o  they  ar.'af..id  0^:,^;:^^^  J" :  t 

*  f-'illitn,  2/Vfi,  257 ;  Elliot,  23. 


,,iJ 


I 


62 


THE   CONFEDERATION. 


n.  I. ;  on.  y. 


:i 


^m 


dortook  to  drivo  tliom  to  docisivo  action.  Accordingly,  on  tlio 
twenty -fourth,  tlio  day  on  which  the  report  was  taken  up,  he 
sent  to  them  his  resignation  of  oflico  in  these  words :  "  The 
funding  the  public  debts  on  solid  revenues,  I  fear,  will  never 
bo  made.  If  before  the  end  of  May  effectual  measures  to 
nuiko  permanent  provision  for  the  public  debts  of  every  kind 
are  not  taken,  congress  will  be  ])lea8ed  to  appoint  some  other 
nuin  to  bo  the  superintendent  of  their  finances :  I  will  never  bo 
the  minister  of  injustice."  The  design  of  Robert  Morris  re- 
quired the  immediate  publication  of  his  letter,  that,  by  uniting 
the  army  with  all  other  creditor,  congress  and  the  states  might 
bo  coerced  into  an  efficient  system ;  but  congress  reasoned 
that  this  authoritative  statement  of  the  llnancial  ruin  of  the 
country  would  encourage  the  enemy,  annihilate  foreign  and 
domestic  credit,  and  provoke  the  army  to  mutiny.  They 
therefore  placed  the  comnmnieation  under  the  injunction  of 
secrecy.* 

Resuming  the  consideration  of  the  report  of  their  grand 
committee  on  the  memorial  from  the  army,  they  referred  a 
present  payment  to  the  discretion  of  the  superintendent  of 
finance ;  and,  on  the  fifth  of  February,  he  issued  a  warrant, 
out  of  which  the  officers  received  one  montlfs  pay  in  notes 
and  the  private  soldiei's  one  month's  pay  in  weekly  instalments 
of  half  a  dollar,  f 

The  annual  amount  of  the  half-pay  ])romised  to  the  officers 
for  life  was  nearly  five  hundred  thousand  dollars.  The  valid- 
ity of  the  engagement  was  questioned.  The  grant  was  dis- 
liked by  the  common  soldiers ;  it  found  no  favor  in  the  legis- 
lature of  Massachusetts;  the  delegates  of  Connecticut  and 
Rhode  Island  were  instructed  to  oppose  it  altogether.  To 
avoid  defeat,  this  article  was  laid  over  till  there  should  bo  a 
fuller  representation.  ^  Delegates  from  the  states  in  which 
the  domestic  debt  was  chiefly  held  hoped  for  efficient  co- 
operation from  the  army.  Pennsylvania  was  the  largest  credit- 
or ;  Massachusetts  ranked  next ;  South  Carolina,  Georgia,  and 


■ 


*  Diplomatic  Correspondence,  xii.,  325-328.     Gilpin,  274,  275  ;  Elliot,  29. 

f  Report  of  the  duputiea  in  Sparks,  viii.,  652.  TIio  ttmovint  of  this  one  month's 
pay  was  263,232.86  doUara.  Old  account-books  in  Treasury  department.  Waste- 
book  D,  Ledger  B.    MS.  t  Gilpin,  281,  321  ;  Elliot,  31, 45. 


1783. 


A  CALL  ON  THE  ARMY  TO  INTERPOSE. 


63 

cm  State,  and  by  t™„rf„.  were  eo„.,tan:;  t^^  ZT'^" 
Adopting  ■mam.nously  a  m,olution  whid.  lll»,T,   ^ 

;:;rs;;;fr„/:sirr  -r '— "^" 

i"g  of  the  wl,„l„  do      :  '  1  S  S??T  n  *''"'•"«'■ 
l.y  this  s^ming  heart,-,,";,  WiW^^  V        \    Euoouragcd 

to  Ih)  collected  >ycoii<'ross"f    Tn  ti,„  i-   "  °^  K""-™ '"nds 
ftnd  officially  nre«e„M  the  ao^^f  I '    1  *'"""'  """'•I'<«»J 

l.ro«o„t  i„a..iHty  to  pay  ,no,.e  than  fifty  toZl  t^V 
gn„a  c,,™ncy  towa,^  the  dcnands  of Ing^rtS     " 

The  debate,  novortholcss,  went  on.    Goriiam  nf  M        i 
Botta  snggested  polls  and  coJn.norce  ,. -X  1"   ^r: '"f" 

I'kel  tho  appouitmont  of  collectors  by  contfLs  •  tho   if 
would  never  cnriKonf  f,.  ;<.      -n  J   *-""^ichs,  tlio   Btates 

W.IJ ,  8ay,ng  .      J  |,o  states  are  so  aveiuo  ir.  o  i 

revenue  in  the  hands  of  congress  that  Zl    7^,  ^'"'™' 

it  is  unattainable."    Ho  Sfo  ' '  l'  ""'''  P^P"'- 

tl.o  rule  of  the  eonfederat  ltd  "?  "™^"''  *°  P"'™'° 

-..  valuation  of  ho  ^^d  ^sK siZ fstr,  ""  "" 

i..  Rielnnond.  Madison  had  alrcl  f^  U  J.^  '^"t?  '    'n 
-cr  have  cut  „«  the  hnpost  at  I  n,or;„h.cI;Sli' 


*Oilpin,  act,  note;  Elliot,  60. 
t  Gilpin,  282,  285 ;  Elliot,  32. 


f  Gilpin,  211,  280  ;  Elliot,  80,  31 

*  Resolution  of  28  Dcccmhor  i'7H<)  .•„  t  ... 

i^cccmber  1782,  m  Jon.mal  of  the  Delesaie.,  so,  90. 


■,  Ji 


,.  » 


iii^l    i 


!   t      ■ 


(  '■    I 


04 


THE  CONFEDERATION. 


D.  I. :  cri.  y. 


when  she  is  protoHting  lioi*  inability  to  comply  with  the  conti- 
nental requisitions.  Congress  cannot  abaiulon  the  i)lan  as  long 
as  there  is  a  H}>ark  of  Lope.  Nay,  other  plans  on  a  like  prin- 
ciple must  be  added.  Justice,  gratitude,  our  reputation  uoroad 
and  our  tranipiillity  at  home,  rocpiire  provision  for  a  debt  of 
not  less  than  fifty  millions  of  dollars;  and  this  ])rovision  will 
not  bo  adecpiately  met  by  separate  acts  of  the  states.  If  there 
are  not  revenue  laws  which  operate  at  the  same  time  through 
all  the  states,  and  are  exempt  from  the  (u)ntrol  of  eacOi,  mutual 
jealousies  will  assuredly  defraud  both  our  foi'elgn  and  domes- 
tic creditors  of  their  just  claims."  * 

]\ladison,  on  the  twenty-eighth,  ])iesented  a  milder  form 
of  the  resolution  for  a  general  revenue.  Arthur  Lee  lost  no 
time  in  confronting  his  colleague  :  "  The  states  will  never  con- 
sent to  a  uniform  tax,  because  it  will  be  unecpml;  is  repug- 
nant to  the  articles  of  confederation  ;  and,  by  placing  the  i)ui'so 
in  the  same  hands  with  the  sword,  subverts  the  fundamental 
principles  of  liberty."  AVilson  explained :  The  articles  of 
confederation  have  exj^ressly  provided  for  amendments  ;  there 
is  more  of  a  centrifugal  than  centripetal  force  in  the  states; 
the  funding  of  a  common  debt  would  invigorate  the  union. 
Ellsworth  desj)aired  of  a  continental  revenue  ;  con<lenmed  pe- 
riodical requisitions  from  congress  as  inadecpiate ;  and  inclined 
to  the  trial  of  permanent  state  funds.  In  reply,  Hamilton 
showed  that  state  funds  Avould  meet  with  even  greater  obsta- 
cles than  a  general  revenue  ;  but  he  lost  the  sympathy  of  the 
house  by  adding  that  the  influence  of  federal  collectors  would 
assist  in  giving  energy  to  the  federal  government.  Rutledgo 
thought  that  the  prejudices  of  the  peoi)le  were  opposed  to  a 
general  tax,  and  seemed  disinclined  to  it  himself.  Williamson 
was  of  opinion  that  continental  funds,  though  desirable,  were 
unattainable. 

"  The  idea,"  said  l\radison,  "  of  erecting  our  national  inde- 
pendence on  the  ruins  of  public  faith  and  national  honor  must 
bo  hoiTid  to  every  mind  whicii  retains  either  honesty  or  pride. 
is  a  continental  revenue  indispensably  necessary  for  doing 
complete  justice  to  the  public  creditors  'i     This  is  the  (question. 

*  Madison  to  Randolph,  22  January  1783,  in  Gilpin,  111.     The  datt)  la  ciitv 
nooiislv  i:;ivcn  as  of  1782. 


1788, 


A   CALL  ON   THE  AKMY  TO  INTEIiP08E. 


65 

"A  punctual  complianoo  hy  tl.irtcon  indcpondont  govom- 
ncutB  w.th  ponodical  dcnurnds  of  rr.onoy  from  congrL  cTn 
never  bo  reckoned  upon  with  certainty.  The  articles  of  con- 
fcderat.0,1  authorize  congress  to  borrow  money.  To  borrow 
money,  pennanent  and  certain  provision  is  necessary;  and  m 
tins  cannot  be  nuule  in  any  other  way,  a  general  re;enuo'  Z 
witlun  he  spirit  of  tho  confederation.  Congress  are  al^adv 
"ivested  by  he  states  with  constitutional  authority  over  tho 
purse  ,u.  wel  as  the  sword.  A  general  revenue  would  only 
give  this  authority  a  more  certain  and  erpuil  efficacy.     . 

1  he  necc-ssity  and  reasonableness  of.  a  general  revcnuo 
have  been  gunung  ground  among  the  states.  I  am  aware  that 
one  exception  ought  to  bo  made.     The  state  of  Virginia  as 

tyussent  once  given  to  the  scheme.     This  circumstance  can- 
not but  embarrass  a  representative  of  that  state  advocating  it; 
«no,too,u-lK.se  prmc.ples  are  extremely  unfavorable  to  a  dis- 
regard ol  the  sense  of  constituents.     But,  though  the  delo 
gates  who  compose  congress  more  immediately  represent  and 
are  amenable  to  the  states  from  which  they  come,  yet  they  owe 
a  hdehty  to  the  collective  interests  of  the  whole.     The  part  I 
take  is  the  more  fully  justified  to  my  own  mind  by  my  thor- 
ough persuasion  that,  with  the  same  knowledge  of  public  affZ 
which  my  station  commands,  the  legislature  of  Virginia  :!:S 
not  have  repealed  the  law  in  favor  of  the  impost,  and  would 
even  now  rescind  tlie  rei)eal." 

On  the  following  day  the  proposition  of  Wilson  and  Madi 
on,  with  slight  amendments,  passed  the  committee  of  tho 
whole  without  opposition.  On  the  twelfth  of  February  it 
was  ado])ted  in  congress  by  seven  states  in  the  alHrmative  and 
without  the  negative  of  any  state.  ' 

For  methods  of  revenue,  the  choice  of  Madison  was  an 
impost,  a  poll-tax  which  should  rate  blacks  somewhat  lowor 
than  w  ntes,  and  a  moderate  land-tax.  To  these  Wilson 
wished  to  add  a  duty  on  salt  and  an  excise  on  wine,  impo  tod 
Sinn  s,  and  coffee.  Hamilton,  who  held  the  att;m"rat  a 
!-;!'%  w  1^'  '"'^  impossible,  suggested  a  house- and 

ZTT''-      ^''"'.'  ''  C--^«^'-t   thought  requisitions 
should  be  in  proportion  to  the  population  of  each  state;  but 


H 


M 


66 


THE  CONFEDERATION. 


B.  I. ;  ou.  V. 


was  willing  to  include  in  the  enumeration  those  only  of  the 
blacks  who  were  within  sixteen  and  sixty  years  of  age.* 

Just  at  this  time  Pelatiah  Webster,  a  graduate  of  Yale 
coUege,  in  a  dissertation  published  at  Philadelphia,  f  proposed 
for  the  legislature  of  the  United  States  a  congress  of  two 
houses  which  should  have  ample  authority  for  making  laws 
"  of  general  necessity  and  utility,"  and  enforcing  them  as  well 
on  individuals  as  on  states.  He  further  suggested  not  only 
heads  of  executive  departments,  but  judges  of  law  and  chan- 
cery. The  tract  was  reprinted  in  Hai-tford,  and  called  forth  a 
reply. 

Plans  of  closer  union  offered  only  a  remote  solution  of  the 
difficulties  under  which  the  confederation  was  sinking.  How 
the  united  demand  of  all  public  creditors  could  wrest  imme- 
diately from  congress  and  the  states  the  grant  of  a  general 
revenue  and  power  for  its  collection  employed  the  thoughts  of 
Robert  Morris  and  his  friends.  On  Christmas  eve  1781,  Gou- 
vemeur  Morris,  the  assistant  financier,  had  written  to  Greene : 
"  I  have  no  expectation  that  the  government  will  acquire  force ; 
and  no  hope  that  our  union  can  subsist,  except  in  the  form  of 
an  absolute  monarchy,  and  this  does  not  seem  to  consist  with 
the  taste  and  temper  of  the  people."  To  Jay,  in  January 
1783,  :j:  he  wrote :  "  The  army  have  swords  in  their  hands. 
Good  will  arise  from  the  situation  to  which  we  are  hastening ; 
much  of  convulsion  will  probably  ensue,  yet  it  must  terminate 
in  giving  to  government  that  power  without  which  govern- 
ment is  but  a  name." 

Hamilton  held  it  as  certain  that  the  army  had  secretly  de- 
termined not  to  lay  down  their  arms  until  due  provision  and 
a  satisfactory  prospect  should  be  afforded  on  the  subject  of 
their  pay;  that  the  commander-in-chief  was  already  become 
extremely  unpopular  among  all  ranks  from  his  known  dislike 
to  every  unlawful  proceeding;  but,  as  from  4ii8  virtue,  his 
patriotism,  and  firmness,  he  would  sooner  suffer  himself  to  be 
cut  in  pieces  than  yield  to  disloyal  plans,  Hamilton  wished  him 

♦Gilpin,  300,  304-306,  331 ;  Elliot,  38-40,  48. 

t  A  Dissertation  on  the  Political  Union  and  Constitution  of  the  thirteen  United 
States  of  North  America,  written  16  February  1783.  In  Pelatiah  Webster's  Po- 
litical  Essays,  228.  |  Sparks's  G.  Morris,  !.,  240,  249. 


1783.  A  CALL  ON  THE  ARMY  TO  INTERPOSE.  67 

to  bo  the  "conductor  of  the  army  in  tlieir  plans  for  redress," 
to  the  exclusion  of  a  leader  like  Horatio  Gates.* 

With  these  convictions  and  with  exceeding  caution,  he,  on 
the  seventh  of  February,  addressed  himself  directly  to  Wash- 
ington m  a  letter,  of  which  Brooks,  on  his  return  to  the  camp 
was  tlie  bearer.     "  We,"  so  he  wrote  of  congress,  «  are  a  body 
not  governed  by  reason  or  foresight,  but  by  circumstances.     It 
appears  to  be  a  prevailing  opinion  in  the  army  that,  if  they 
once  lay  down  their  arms,  they  part  with  the  means  of  obtain- 
ing justice.     Their  claims,  urged  with  moderation  but  with 
hrmness,  may  operate  on  those  weak  minds  which  are  influ- 
enced by  their  appre^iensions  more  than  by  their  judgments,  so 
as  to  produce  a  concurrence  in  the  measures  wliich  the  exio-en- 
cies  of  affairs  demand.   To  restore  public  credit  is  the  object  of 
all  men  of  sense ;  in  this  the  influence  of  the  army,  properly 
directed,  may  co-operate."     And  he  invited  Washington  to 
make  use  of  General  Knox,t  to  whom  Gouverneur  Morris 
wrote  on  the  same  day  and  by  the  same  channel. 

To  ensure  the  concerted  action  of  the  southern  army,  Gou- 
verneur Morris  wrote  privately  to  Greene:  "The  main  army 
will  not  easily  forego  their  expectations.     Their  murmurs 
though  not  loud,  are  deep.    If  the  army,  in  common  with  all 
other  public  creditors,  insist  on  the  grant  of  general,  permanent 
funds  for  liquidating  all  the  public  debts,  there  can  be  little 
doubt  that  such  revenues  will  be  obtained,  and  will  afford  to 
every  order  of  public  creditors  a  solid  security.    With  the  due 
exception  of  miracles,  there  is  no  probability  that  the  states  mil 
ever  make  such  grants  unless  the  army  be  united  and  deter- 
mined in  the  pursuit  of  it,  and  unless  they  be  firmly  supported 
by  and  as  finnly  support  the  other  creditors.     That  this  may 
happen  must  be  the  entire  wish  of  every  intelligently  just  man 
and  of  every  real  friend  to  our  glorious  revolution."  X 

The  letter  of  Gouverneur  Morris  to  Knox,  which  was  in 
reality  a  communication  through  Knox  to  Washington,  cannot 
be  found.  It  evidently  expressed  the  opinion  tluit  the  army 
might  be  made  to  cvoperate  in  bringing  about  a  closer  union 

♦Gilpin,  350,351;  Elliot,  55. 

t  Hamilton  to  Washingtoa,  1  February  1783.    Haniilton,  i.,  327. 

t  G.  Morris  to  Greene,  15  February  1783.     Sparks'a  G.  Morris,  i',  250. 


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68 


THE  CONFEDERATION. 


B.  X. :  on.  y. 


of  the  states  and  a  stronger  governmcut.  The  answer  of  Knox 
expresses  the  advice  of  Washington:  "The  army  are  good 
patriots,  and  would  forward  everything  that  would  tend  to 
produce  union  and  a  permanent  general  constitution ;  but  they 
are  yet  to  be  taught  how  their  influence  is  to  effect  this  mat- 
ter. A  '  hoop  to  the  barrel '  is  their  favorite  toast.  America 
will  have  fought  and  bled  to  little  purpose  if  the  powers  of 
government  shall  bo  iusulRcient  to  preserve  the  peace,  and  this 
must  be  the  case  without  general  funds.  As  the  present  con- 
stitution is  so  defective,  why  do  not  you  great  men  call  the 
people  together  and  tell  them  so — that  is,  to  have  a  convention 
of  the  states  to  form  a  better  constitution  ?  This  appears  to 
us,  who  have  a  superficial  view  only,  to  be  the  most  efficacious 
remedy."  * 

On  the  thirteenth  of  February  the  speech  of  the  king  of 
Great  Britain,  at  the  opening  of  parliament  in  December,  was 
received.  His  announcement  of  provisional  articles  of  peace 
with  the  United  States  produced  great  joy ;  yet  that  joy  was 
clouded  by  apprehensions  from  the  impossibility  of  meeting 
the  just  claims  of  the  army. 

Congress  was  brought  no  nearer  to  decisive  action.  Ham- 
ilton proposed  that  the  doors  of  congress  should  be  thrown 
wide  open  whenever  the  finances  were  under  discussion,  though 
the  proposal,  had  it  been  accepted,  would  have  filled  the  gal- 
leries with  holders  of  certificates  of  the  public  debt,  f 

On  the  other  side,  John  Rutledge  again  and  again  moved  that 
the  proceeds  of  the  impost  should  be  appropriated  exclusively 
to  the  army,  but  was  supported  only  by  his  own  state.  Euffied 
by  his  indifference  to  the  civil  creditors,  "Wilson  had  one  day 
answered  with  warmth:  "Pennsylvania  will  take  her  OAvn 
measures  without  regard  to  those  of  congress,  and  she  ought 
to  do  so.  She  is  willing  to  sink  or  swim  according  to  the 
common  fate ;  but  she  will  not  suffer  herself,  with  a  millstone 
of  six  millions  of  the  continental  debt,  to  go  to  the  bottom 
alone." 

The  weakness  of  the  friends  of  a  general  revenue  appeared 
from  their  consenting  to  leave  to  the  several  states  the  ap- 

*  Knox  to  G.  Morris,  21  February  1783,  in  Sparks's  G.  Morris,  i.,  256. 
t  Gilpin,  33G,  341  ;  Elliot,  50,  52. 


lili^ 


1783.  A  CALL  ON  TUE  ARMY  TO  INTERPOSE.  60 

pointment  of  the  collectors  of  taxes,  and  to  limit  the  grant  of 
the  impost  to  twenty-five  years.* 

Once  more  Mercer  and  Arthur  Loo  renewed  their  war 
upon  Madison,  who  in  reply  made  a  convincing  plea  for  the 
necessity  of  a  permanent  general  revenue.  "  The  purse  "  re- 
peated Arthur  Lee,  «  ought  never  to  be  put  in  the  same  hand 
with  the  sword.  I  will  be  explicit ;  I  would  rather  see  con- 
gress a  rope  of  sand  than  a  rod  of  iron.  Virginia  ought  not 
to  concur  m  granting  to  congress  a  permanent  revenue."  "  If 
tlie  federal  compact  is  such  as  has  been  represented,"  said  Mer- 
cer, « I  will  immediately  withdraw  from  congress,  and  do  every- 
thing in  my  power  to  destroy  its  existence."  Chafed  by  these 
expressions,  Gorham  of  Massachusetts  cried  out:  "The  sooner 
this  is  known  the  better,  that  some  of  the  states  may  form 
other  confederacies  adequate  to  their  safety."  f 

The  assiduous  labors  of  congress  for  two  months  had  failed 
to  devise  the  means  for  restoring  public  credit.  Li  February 
some  of  its  members  thought  the  time  had  arrived  when  order 
and  credit  could  come,  if  the  army  would  support  its  demands 
by  its  strength.  Robert  Morris  extorted  from  congress  a  re- 
moval of  the  injunction  of  secrecy  on  his  letter  of  resignation 
and  forthwith  sent  it  not  only  to  Washington  but  to  the  public 
press,  through  which  it  immediately  reached  the  army. 

•  Gilpin,  314,  317,  348 ;  Elliot,  43,  54.  f  Gilpin,  357,  511 ;  Elliot,  57. 


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TO 


THE  CONFEDERATION. 


B.  I. ;  OH.  VI. 


CHAPTER  YL 

THE  AMERICA2T  ARMY   AND   ITS   CHIEF. 

Makch  1783. 

The  commander-in-chief  suppressed  the  wish  to  visit  Mount 
Vernon  during  the  winter,  for  the  army  at  Newburg  was  more 
unquiet  that  at  any  former  period.*  The  Massachusetts  line 
formed  more  than  half  of  it,  and  so  many  of  the  remainder 
were  from  other  eastern  states  that  he  could  describe  them  all 
as  New  England  men.  f  He  had  made  the  delicate  state  of 
affairs  "  the  object  of  many  contemplative  hourp,"  and  he  was 
aware  of  the  prevailing  sentiment  that  the  prospect  of  compen- 
sation for  past  services  would  terminate  with  the  war.  ^ 

IS'ow  that  peace  was  at  hand,  his  first  act  was  by  a  letter  to 
Harrison,  then  governor  of  Virginia,  to  entreat  his  own  state 
to  enter  upon  a  movement  toward  a  real  union.  "  From  the 
observations  I  have  made  in  the  course  of  this  war— and  my 
intercourse  with  the  states  in  their  united  as  well  as  separate 
capacities  has  afforded  ample  opportunities  of  judging— I  am 
decided  in  my  opinion,"  such  were  his  words,  "  that,  if  the 
powers  of  congress  are  not  enlarged  and  made  competent  to 
all  general  purposes,  the  blood  which  has  been  spilt,  the  ex- 
pense that  has  been  incurred,  and  the  distresses  which  have 
been  felt,  will  avail  nothing;  and  that  the  band  which  holds 
us  together,  already  too  weak,  will  soon  be  broken ;  when  anar- 


*  Sparks,  viii.,  366,  S69. 

t  Gorham  in  Gilpin,  316.    Elliot,  43.    Washington  to  Joseph  Jones, 
viii.,  38.3  ;  and  compare  Sparks,  viii.,  466. 

X  Washington  to  Hamilton,  4  March  1783.    Sparks,  viii.,  389,  390. 


sparks, 


1783. 


THE  AMERICAN  ARMY  AND  ITS  On7EF. 


!l 


71 

chv  and  confuBion  will  prevail*  I  shall  make  no  apolo^r  for 
the  freedom  of  these  sentiments ;  they  proceed  from  an  honest 
heart ;  thej  wiU  at  least  prove  the  sincerity  of  mv  friendship 
as  they  are  altogether  undisguised."  The  governor  received 
this  letter  as  a  pubKc  appeal,  and  placed  it  among  the  archives 
of  Virginia. 

Before  the  officers  had  taken  into  co>  ^ideration  the  cautious 
report  of  their  committee  to  congress,  Colonel  Walter  Stewart 
an  inspector  of  troops,  coming  back  from  Philadelphia,  pre^ 
sented  himseK  at  the  quarters  of  Gates  as  «a  kind  of  Lent 
from  the  friends  of  the  army  in  congress ; »  f  and  rumors  were 
immediately  circulated  through  the  camp  that  it  was  univer- 
sally  expected  the  array  would  not  disband  until  they  had  ob- 
tained justice ;  that  the  public  creditors  looked  up  to  them  for 
aid,  and,  if  necessarj-,  would  even  join  them  in  the  field  •  that 
some  members  of  congress  wished  the  measure  might  take 
effect,  m  order  to  compel  the  pubUc,  particularly  the  deUn- 
quent  states,  to  do  justice.  ^ 

A  plan  of  action  was  in  the  utmost  secrecy  devised  bv 
Gates  and  those  around  him.  To  touch  with  ability  the  sev- 
eral chords  of  feeling  which  lay  slumbering  in  the  army  his 
aide-de-camp.  Major  John  Armstrong,  was  selected  to  draft  an 
address  This  was  copied,  and  Colonel  Barber,  the  assistant 
adjutant-general  of  the  division  of  Gates,  taking  care  not  to  be 
tracked,  put  it  m  circulation  through  the  line  of  every  state  # 
with  a  notice  for  a  meeting  of  the  general  and  field  officers  on 
the  next  day,  to  consider  what  measures  should  be  adopted  to 
obtain  that  redress  of  grievances  which  they  seemed  to  have 
sohcited  m  vain.  || 

«  My  friends  1 "  so  ran  the  anonymous  appeal,  «  after  seven 
iong  years  your  suffering  courage  has  conducted  the  United 
btates  of  America  through  a  doubtful  and  a  bloody  war;  and 


Maxwell's  Virginia   Ilistorical 


*  Washingtoa  to  Earrison,  4  March  r/83 
Register,  vi.,  36,  37. 

t  Oates  to  Amstrong,  22  June  1783.    I  follow  a  manuscript  copy  received  from 

;  wT  °"^"         '  ''""  ^''  ^''°  P""^*^**  •"  U"'*°d  States  Magazine,  i.,  40. 
1  J  ^'*']''""*°°  to  Joseph  Jones,  12  March  1783.  Sparks,  viii.,  393  394    Wash- 
ington  to  Hamilton,  12  March  1783.    Hamilton,  1.,  343 

*  Gates  to  Armstrong,  22  June,  1783.  j  Journal  of  Congress,  iv.,  208. 


urn 


11 


I 


\l  li'l 


: :  I 


72 


THE  CONFEDERATION. 


B.  I. :  CH.  VI. 


peace  returns  to  bless — whom  ?  A  country  willing  to  redress 
your  wrongs,  cherisL  your  worth,  and  reward  your  services  ? 
Or  is  it  rather  a  country  that  tramples  upon  your  rights,  dis- 
dains your  cries,  and  insults  your  distresses  ?  Have  you  not 
lately,  in  the  meek  language  of  humble  petitioners,  begged 
from  the  justice  of  congress  what  you  could  no  longer  expect 
from  their  favor  ?  How  have  you  been  answered  ?  Let  the 
letter  which  you  are  called  to  consider  to-morrow  make  reply ! 

"  If  this  be  your  treatment  while  the  swords  you  wear  are 
necessary  for  the  defence  of  America,  what  have  you  to  ex- 
pect when  those  very  swords,  the  instruments  and  companions 
of  your  glory,  shall  be  taken  from  your  sides,  and  no  mark  of 
military  distinction  left  but  your  wants,  inliimities,  and  scars ? 
If  you  have  sense  enough  to  discover  and  spirit  to  oppose 
tyranny  whatever  garb  it  may  assume,  awake  to  your  situation. 
If  the  present  moment  be  lost,  your  threats  hereafter  will  be 
as  empty  as  your  entreaties  now.  Appeal  from  the  justice  to 
the  fears  of  government ;  and  suspect  the  man  "—here  Wash- 
ington was  pointed  at — "  ,vho  would  advise  to  longer  forbear- 
ance." * 

A  copy  of  the  address  reached  "Washington  on  Tuesday,  the 
eleventh,  and  the  meeting  was  to  take  place  in  the  evening  of 
that  very  day.  Eesolutions  dictated  by  passion  and  tending 
to  anarchy,  if  once  adopted,  could  never  be  effaced,  and  might 
bring  ruin  on  the  army  and  the  nation.  There  was  need  of 
instant  action,  "  to  arrest  the  feet  that  stood  wavering  on  a 
precipice."  f  To  change  ill-considered  menaces  into  a  legal 
presentment  of  grievances,  the  commander,  in  general  orders, 
disapproved  the  anonymous  and  irregular  invitation  to  a  meet- 
ing, and  at  the  same  time  requested  all  the  highest  officers  and 
a  representation  of  the  rest  to  assemble  at  twelve  o'clock  on 
the  next  Saturday  to  hear  the  report  of  the  committee  which 
they  had  sent  to  congress.  "  After  mature  deliberation,  they 
will  devise  what  further  measures  ought  to  be  adopted  to  attain 
the  just  and  important  object  in  view.  The  senior  officer  in 
rank  present  will  preside  and  report  the  result  of  their  delib- 
erations to  the  commander-ill-chief."    Gates  quailed,  and  the 


*  Journal  of  Congress,  iv.,  208. 

f  Washington  to  Hamilton,  12  March  1783. 


Hamilton,  i.,  344. 


lI* 


1783. 


THE   AMERICAN  ARMY  AND  ITS  CHIEF. 


'  .  '  ^J 


78 

^theringfor  that  evening  was  given  up;  but  nnder  his  eve 
Arms  rong  prepared  a  second  anonymous  Address,  whTchwMe 
U  professed  to  consider  the  gene  borders  of  wilfn^tn  «i 
^vmg  6 tahhty  to  their  resolves,"  recommended  "sns^L^ 

U^Z  f  r'"  °^'™^  "'«  ^''^'  Washington  Zwed 
himself,  w.,h  Knox  and  others  whom  he  could  trust  fnn^ 

panng  methods  to  avert  every  fatal  consequence  '      ^ 

n-cWef  ™  w^aY""?"^'^  '"^"'^  *'''"  thecommander- 
mchiet  was  with  them.  Every  eye  was  fixed  on  him-  and 
all  were  mute,  awaiting  his  words.*  ' 

After  an  apology  to  his  "brother  ofBoers"  for  his  nres 
ence,  he  read  h.s  analysis  of  the  anonymous  addreL     Tbltr 
author  he  praised  for  his  rhetorical  skill,  but  derd^he  let 
nde  of  h,s  h«.rt,  and  denounced  Us  scheme  .^Tto  pCtd 
from  no  one  but  a  British  emissary.    He  thus  continue^d 

As  I  was  among  the  first  who  ,  .ubarked  in  the  cause  of 
our  common  country;  aa  I  have  never  left  your  sMe  oTmo 
ment,  but  when  called  from  yon  on  public Wtlhre' 
been  the  constant  companion  and  witness  of  youriirtresses  i? 
can  scarcely  be  supposed  that  I  am  indifferent  to  ™ur   n  'e 
este."    He  proceeded  to  demonstrate  that  any  attenfpt  to  c^m- 
pel  an  instant  compliance  with  their  demands  would  ceZX 
remove  to  a  still  greater  distance  the  attainment  of  tl Sf 
They  must  place  their  reliance  on  the  plighted  faith  nf  tW ' 
country  and  the  purity  of  the  intention's  oT  Ing^^ I'to  l^^,' 
them  amp  e  justice,  though  its  deliberation,,  froS  the  difflclv 
of  .Reconciling  different  interests,  might  be  slow  ^ 

with  Sr  Zf  d 'VT''^'  "  ""  *"'  ■"  "''^  "^  -J"""  consistently 
with  the  g  eat  duty  I  owe  my  country  and  those  powers  we 
are  bound  to  re«pect,  you  may  command  my  services T  the 
utmost  extent  of  my  abilities.  ^^ 

"Vhile  I  give  you  these  assurances,  let  me  entreat  vo„ 
gentlemen  on  your  part,  not  to  take  »«;  meaTls  t^fieh"-^ 
the  calm  Ught  of  reason,  will  lessen  the  dignity  and  T^'Z 
gloiy  you  have  hitherto  maintained.  LetlnetnTure  1  in 
the  name  of  our  common  country,  as  you  value  your  own  slcr^d 
honor,  as  you  respect  the  rights  of  humanity,  and  as  you  "^ 

*  Shaw  to  Rev.  John  Eliot,  27  April  1783. 


:U 


74 


THE  CONFEDERATIOK. 


B.  1. 1  OH.  VI. 


!    ' 


!.  ■  I 


the  military  and  national  character  of  America,  to  express  your 
utmost  horror  and  detestation  of  the  man  who  wickedly  at- 
tempts to  open  the  floodgates  of  civil  discord  and  deluge  our 
rising  empire  in  blood. 

^^By  thus  determining  and  thus  acting,  you  will  pursue 
the  plain  and  direct  road  to  the  attainment  of  your  wishes ; 
you  will  give  one  more  proof  of  unexampled  patriotism  and 
patient  virtue,  rising  superior  to  the  pressure  of  the  most  com- 
plicated suiferings ;  and  you  will  aiford  occasion  for  posterity 
to  say  :  '  Had  this  day  been  wanting,  the  world  had  never  seen 
the  last  stage  of  perfection  to  which  human  nature  is  capable 
of  attaining.' " 

On  concluding  his  address,  the  general,  in  further  proof  of 
the  good  disposition  of  congress,  began  to  read  parts  of  a  let- 
ter from  a  member  of  that  body ;  but,  after  getting  through  a 
single  paragraph;  he  paused,  and  asked  leave  of  his  audience  to 
put  on  spectacles,  which  he  had  so  lately  received  *  that  he  had 
never  yet  worn  them  in  public,f  saying :  "  I  have  grown  gray 
in  your  service,  and  now  find  myself  growing  blind."  These 
unaffected  words  touched  every  heart.  The  letter,  which  was 
from  Joseph  Jones  of  King  George  county  in  Virginia,  set 
forth  the  embarrassments  of  congress  and  their  resolve  that  the 
army  should  at  all  events  be  justly  dealt  with.  Washington 
then  withdrew. 

Officers,  who  a  few  hours  before  had  yielded  themselves  to 
the  anonjTuous  addresses,  veered  about,  and  would  now  follow 
no  counsellor  but  their  own  commander.  The  assembl  unani- 
mously thanked  him  for  his  communications  and  assured  him 
of  their  affection,  "  with  the  greatest  sincerity  of  which  the 
human  heart  is  capable."  Then,  after  a  reference  to  Knox, 
Brooks,  and  Howard  as  their  committee,  they  resolved  unani- 
mously :  "  At  the  commencement  of  the  present  war,  the  offi- 
cers of  the  American  army  engaged  in  the  service  of  their 
country  from  the  purest  love  and  attachment  to  the  rights  and 
liberties  of  human  nature,  which  motives  still  exist  in  the  high- 

*  From  Rittcnhousc.  Washington  to  Rittcnaousc,  10  February  1783  ;  Memoirs 
of  Rittcnhouse,  299,  300. 

f  "  C'6toit  la  premiere  fois  qu'il  lea  prcnolt  en  publiquc."  Mazzei,  Rechcrches, 
iv.,  122. 


II'  '  I 


1788. 


THE  AMEIUOAN  AEMT  AND  ITS  CHIEF. 


T6 

est  degree;  and  no cireumstances  of  distress  or  daneer  shall  i„ 

;aS';au^  s::';?''  it^f "/  ''t  •""-'  "-^''^'^ 

their  0  .,„ons™  •:Sn  ^utZ  ro^rCt  Te'tf 
Jjared  tboir  unshaken  confidenee  in  the  justi  e  of  co^i^t 
their  eoant,y,and  they  asked  nothing^of  their  chKt^ 
m-ge  congress  to  a  speedy  deeision  upof  their  kte  mlrid 

Another  resolution  declared   "Lt  the   offlcerTthe 
Amenean  army  view  with  abho,«nce  and  i^jocTwJh  Imu 

X™  f  T"*  ''""'"'  P^«»t»°d  Pe-iBtent  unde"- 
plied  misfortunes ;  moderate  in  victorv  •  l>„t  ti,„„  i    ,    ™""'- 

conntenanced  by  his  troop,  anrt'fkenlf here"  hfi'S 
a  one,  amid  injured  men  of  inflamed  passions^  wthswo^ 
at  their  sides,  persuaded  that  forbearance  would  be  their  rSn 

««7.  As  he  spoke,  every  eloud  was  scattered,  and  the  full 
hght  of   ove  of  country  broke  forth.    Happy' for  i^eriea 

worH  t...t  that  army  had  Washington  for  its  chief  I 

g  J  onle  t  "T'™  'i  ""'"  '™"''  ™  ■•^"^i™''  in  eon- 
gress  on  the  tweuty^cond,  and,  before  the  day  came  to  an 

end   mue  states  concurred  in  a  resolution*  eommu  uig  the 

half.pay  premised  to  the  offieei^  into  a  sum  equal  to  five 

^ars'  full  pay,  to  be  discharged  by  certificates  beai^ng  into™ 

est  at  s«  per  cent.    Geoigia  and  Rhode  Island  were  not  adl 

q™te^yrepr^onted,  New  Hampshi.^  and  New  Jerey  toted 

n„  /«5!  ™'  '"""  "*''•  =""^'  irrevocably  pledJed  the 
United  States  to  redeem  their  promise  made  to  the  offlcm 
m  the  dark  hours  of  their  encampment  at  Valley  Forgo 

On  the  neit  day  a  ship  dispatched  from  Cadiz  by  d'Es- 

ttuh^^  "^'^^  "^  ^*"^^"«'  """gl^'  anthentiJnet 
that  the  Amencan  and  British  commissioners  had  signed  defi™ 

VOL.  TI*— i"""  '°  ^^*''''°«'<'°.  22  March  IJ83.    M& 


!« 


.  I.  IMIVII 


!  n  /■ 


{.r 


■ 

■t 

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c 

IH  ' 

i 

i 

^^^H 

t,.:.,: 

1 

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i  ' 

i 

H 

K 

'i' 

■il 

11,' 'i  ..*i 

76 


THE  CONFEDERATION. 


B.  I. :  OH.  VI. 


tively  a  provisional  treaty,  of  which  an  official  copy  had  been 
received  eleven  daya  before,  and  that  peace  w-'^^h  Great  Brit- 
ain had  already  taken  effect.  The  American  boundaries  on 
the  northwest  exceeded  alike  the  demands  and  the  hopes  of 
congress,  and  it  was  already  believed  that  a  later  generation 
would  make  its  way  to  the  Pacific  ocean,* 

The  glad  tidings  drew  from  Washington  tears  of  joy  in 
that  "happiest  moment  of  his  life."  "All  the  world  is 
touched  by  his  republican  virtues,"  wrote  Luzerne.  "  It  will 
be  in  vain  for  him  to  wish  to  hide  liimself  and  live  as  a  sim- 
ple, private  man ;  he  will  always  be  the  first  citizen  of  the 
United  States."  f  All  the  while  no  one  like  him  had  pursued 
with  single-mindedness  and  perseverance  and  constant  activity 
the  great  object  of  creating  a  republican  government  for  the 
continent.  To  Hamilton  he  wrote  on  the  last  day  of  March 
1783  :  "I  rejoice  most  exceedingly  that  there  is  an  end  to  our 
warfare,  and  that  such  a  field  is  opening  to  our  view,  as  will 
with  wisdom  to  direct  the  cultivation  of  it,  make  us  a  great,  a 
respectable,  and  happy  people ;  but  it  must  bo  improved  by 
other  means  than  state  politics,  and  unreasonable  jealousies  and 
prejudices,  or  it  requires  not  the  second  sight  to  see  that  we 
shall  be  instruments  in  the  hands  of  our  enemies  and  those 
European  powers  who  may  be  jealous  of  our  greatness  in  union, 
to  dissolve  the  confederation.  But  to  obtain  this,  although  the 
way  seems  extremely  plain,  is  not  so  easy. 

"  My  wish  to  see  the  union  of  these  states  established  upon 
liberal  and  permanent  principles,  and  inchnation  to  contribute 
my  mite  in  pointing  out  the  defects  of  the  present  constitu- 
tion, are  equally  great.  All  my  private  letters  have  teemed 
with  these  sentiments,  and,  whenever  this  topic  has  been  the 
subject  of  conversation,  I  have  endeavored  to  diffuse  and  en- 
force them.  No  man  in  the  United  States  is  or  can  be  more 
deeply  impressed  with  the  necessity  of  a  reform  in  our  present 
confederation  than  myself.  No  man,  perhaps,  has  felt  the  bad 
effects  of  it  more  sensibly;  for  to  the  defects  thereof,  and 
want  of  power  in  congress,  may  justly  be  ascribed  the  pro- 
longation of  the  war  and  consequently  the  expenses  occasioned 

*  Luzerne  to  Vergcnncs,  19  JIarch  1783.     MS. 
t  Luzerne  to  Vergennes,  29  March  1783. 


1788.  THE  AMERICAN  ARMY  AND  ITS  CHIEF.  77 

by  it.  More  than  half  the  perplexities  I  have  experienced  in 
the  course  of  my  command,  and  almost  the  whole  of  the  dif- 
ficulties and  distress  of  the  army,  have  had  their  origin  here. 
But  still,  the  prejudices  of  some,  the  designs  of  others,  and 
the  mere  machinery  of  the  majority,  make  address  and  man- 
agement necessary  to  give  weight  to  opinions  which  are  to 
combat  the  doctrines  of  those  different  classes  of  men  in  the 
field  of  politics."  * 

Upon  official  information  from  Franklin  and  Adams  con- 
gress on  the  eleventh  of  April  made  proclamation  for  the  ces- 
sation of  hostilities.  In  announcing  the  great  event  to  the 
army,  Washington  did  especial  honor  to  the  men  who  had 
enlisted  for  the  war,  and  added:  "Happy,  thrice  happy  shaU 
they  bo  pronounced  hereafter  who  have  contributed  anything 
in  erecting  this  stupendous  fabric  of  freedom  and  empire- 
who  have  assisted  in  protecting  the  rights  of  human  nature! 
and  establishing  an  asylum  for  the  poor  and  oppressed  of  all 
nations  and  religions."  f  The  proclamation  of  congress  that 
war  was  at  an  end  was  published  to  the  army  on  the  nine- 
teenth, exactly  eight  years  from  the  day  when  the  embattled 
farmers  of  Concord  "fired  the  shot  heard  round  the  worid." 

M   ^^^Jcf '  ^^'^^^'"eton,  viii,  409,  410,  411.    Washington  to  Hamilton,  31 
^^'''^  ^'^'-  t  Sparks,  vlil,  8C8. 


lTi.1 


1  -r 


f: 


T8 


THE  CONFEDERATION. 


B.  I. :  OH.  Til. 


CHAPTER  VII. 

DISBANDING   THE   ARMY. 

Maecii-July  1T83. 

WAsnmoTON  presented  the  rightful  claims  of  the  "  patriot 
army"*  with  a  warmth  and  energy  which  never  but  thia 
once  appear  in  his  communications  to  congress  ;  and  his  words 
gained  intenser  power  from  his  disinterestedness.  To  a  com- 
mittee on  which  were  Bland  and  Hamilton,  ho  enforced,  by 
every  consideration  of  gratitude,  justice,  honor,  and  national 
pride,  the  "  universal "  expectations  of  the  army,  that,  before 
their  disbanding,  they  should  receive  pay  for  at  least  one 
montli  in  hand,  with  an  absolute  assurance  in  a  short  time  of 
pay  for  two  months  more.  "  The  financier  will  take  his  own 
measures,  but  this  sum  must  be  procured.  The  soldier  is  will- 
ing to  risk  the  hard-earned  remainder  due  him  for  four,  five, 
perhaps  six  years  upon  the  same  basis  of  security  with  the 
general  mass  of  other  public  creditors."  f 

"  The  expectations  of  the  army,"  answered  Hamilton,  "are 
moderation  itself." ;{:  But,  after  a  week's  reflection,  Morris, 
who  had  already  written  to  congress  "  our  public  credit 


18 


.  "# 


gone,"  ^  rephed  to  the  committee  that  the  amount  of  three 
months'  pay  was  more  than  all  the  receipts  from  all  the  states 
since  1781 ;  that  there  was  no  resource  but  the  issue  of  paper 
notes  in  anticipation  of  revenue.  || 

*  Washington  to  congress,  18  March  17S3.     Sparks,  vill.,  396-390. 
t  Washington  to  Bland,  4  April  1783. 

$  Hamilton  to  Washington,  11  April  1783.     Letters  to  Washington,  iy.,  17. 

*  Diplomatic  Correspondence,  xii.,  342. 

I  R.  Morris  to  Hamilton,  14  April  1783.     Diplomatic  Correspondence,  xii., 
346. 


168. 


1788. 


DISBANDING  THE  ARMY. 


7» 


^?X7  :^::i^:  ^r  ^-r-^^^^^  united  states 

nnrl  f},n  engagements  in  France  and  Holland  * 

the  winter  inSde.pWa         ""'  ""''''  "  ""«^  P""  »' 

war^with"  A  r" '•  '^"^^  "^  ^''''  ^""''"  "'  «">  beginning  of  the 

that  wore  stUlTn  h^  f    ^  /  •  '^  "*  '*'  '""''"""g  deficiencies 

The  dXflhc  ir^tcd'st '  'L'"'"""''''  *"  '"^"^  "-'  -™- 
millions  of  doIa«  he  ant'l  .""'  ""^t  e^eed  forty-two 
far  from  two  and.'  1  if  T  '""'■™*  ""  *"*  <>*'  ^>''«  not 
there  w™n?edofa™/"°"''°?  '"  '""'^  "*  — *'"y 

•S:-a£i?=-- 

A  mi^n  an^l-  ----»  Jll™  f  ^ -- 
itZ     Tl  •^"'''  "PP-'^'o-^d  «"  the  states  accordin/to  p^t 

North  Ca^^na   Tid     "T  a™ '  ""'  -^TT™-    ^''"™^»''  «* 

sresf  that  h'^"";"!  "*  "^P"''  *^"™"'«"  '■'^  declared  in  con- 

ODinion  'fh.f         ;t      ^"^  *'"""'  ^'  '^^^^^d  inflexible  in  the 

oJlT  I         ^'  '^^''^'^  ^^  ^^*iH  because  an  agreement 

could  never  be  arrived  at  through  partial  deHberationrTbe 

^^-  Luzerne  to  R.  Morris,  15  March  1783.    Diplomatic  Correspondence,  .i.,  157 

t  Gilpin,  423,  424  ;  Elliot  79  1  ?!l''!"'  ^"^  '  ^"'°*'  '^^■ 

'         '*-"'«*•  79.  *G'lpin,  429,  430;  Elliot,  81. 


II ' 


M 


If  i!p 


I'l 


^ 


I'  i  ;.Ni 


^^^M 
^^^^^^H 

^^^^H 
^^^m 

^^^^M 
^^^^H 

^■1 

■  ^1 1: 

^Hhk^i^v. 

80 


THE  CONFEDERATION. 


B.  I. ;  on.  Tti. 


veto  on  the  report  of  tho  now  financial  measure,  wbicli  lie  op- 
posed OS  inadequate,  was  taken  on  the  eighteenth  of  April. 
Georgia  alone  was  absent ;  eleven  states  were  fully  represented ; 
New  Ilanipsliire  by  a  single  delegate.     Hamilton  and  the  two 
representatives  of  Rhode  Island,  alone  and  for  tho  most  oppo- 
site reasons,  gave  their  votes  in  the  negative.     New  York  being 
divided,  nine  states  and  a  half  against  one,  twenty-five  delegates 
against  three,  recorded  their  votes  for  the  adoption  of  the  report. 
To  tho  relentless  exigencies  of  the  moment  the  financial 
proposition  of  tho  eighteenth  of  April  offered  no  relief,  nor 
could  it  take  effect  until  it  should  be  accepted  by  every  one  of 
the  thirteen  states.     To  win  this  unanimous  assent,  congress, 
in  the  words  of  Madison,  enforced  the  peculiar  nature  of  their 
obligations  to  France,  to  members  of  the  republic  of  Holland, 
and  to  the  army.    Moreover,  "  the  citizens  of  the  United  States 
are  responsible  for  the  greatest  trust  ever  confided  to  a  politi- 
cal society.    If  justice,  good  faith,  honor,  gratitude,  and  all  the 
other  qualities  which  ennoble  the  character  of  a  nation  and 
fulfil  tho  ends  of  government,  be  the  fruits  of  our  unadulter- 
ated forms  of  republican  government,  the  cause  of  liberty  will 
acquire  a  dignity  and  lustre  which  it  has  never  yet  enjoyed  ; 
and  an  example  will  be  set  which  cannot  but  have  tho  most 
favorable  influence  on  the  rights  of  mankind."    New  York, 
North  and  South  Carolina,  and  Massachusetts  were  following 
the  example  of  Virginia,  and  repealing  their  revenue  acts  of 
former  years ;  when  the  address  went  forth,  accompanied  by 
the  letter  of  congress  to  the  governor  of  Ehode  Island  which 
Hamilton  had  drafted,  and  by  various  papers  showing  the 
amount  and  the  character  of  the  debt  of  the  United  States. 

Then,  on  the  twenty-eighth,  and  so  far  as  the  records  show 
never  till  then,  congress  appointed  a  committee  on  the  New 
York  resolutions  of  the  preceding  July  in  favor  of  a  general 
convention.  Its  choice  fell  on  Ellsworth,  Carroll,  AVilson, 
Gorham,  Hamilton,  Peters,  McIIonry,  Izard,  and  Duane.* 

*  Madison,  on  whom  we  depend  for  a  report  of  the  debates  of  congress  of  that 
period,  was  absent  from  Saturday,  April  tho  twenty-sixth,  to  Tuesday,  May  sixth. 
So  details  are  wanting.  That  Clinton's  letter  and  the  New  York  resolutions  were 
committed  on  the  twenty-eighth  of  April,  we  know  from  a  MS.  memorandum  by 
Charles  Thomson. 


1783. 


DISBANDINTO  THE  ARMY. 


81 


In  October  1780,  congress  prondod  for  forming  now  states 
out  of  the  north-western  territory.*     A  most  elaborate  report, 
readm  iVovember  1781,  rccommenderl  that  the  lands  for  eot- 
tlements  '''should  be  laid  out  into  townships  of  about  six  miles 
square."  t    Early  in  1783  Rufus  Putnam,  with  other  officers 
and  soldiers  of  the  army  in  New  England,  engaged  heartily  (n 
a^  plan  to  form  a  state  westward  of  the  Ohio,  and  Timothy 
Pickering,  who  had  framed  a  complete  plan  for  settling  lands 
m  Ohio,  proposed  to  them  that  "  the  total  exclusion  of  slavery 
from  the  state  should  form  an  essentia^  and  irrevocable  p-  -t  of 
the  constitution."  ;}:     To  «  unite  the  thirteen  states  in  one  great 
political  interest,"  Bland,  a  man  of  culture,  who  had  served 
with  credit  as  a  colonel  of  dragoons,  and  had  been  a  member 
of  congress  from  Virginia  since  178(.,  now,  on  the  fifth  of  June 
1783,  brought  forward  an  "ordinance"  to  accept  conditionally 
the  cession  of  Virginia,  divide  it  into  districts  of  two  degrees 
of  latitude  by  three  degrees  of  longitude,  and  subdivide  each 
district  into  townships  of  a  fixed  number  of  miles  square  ;  each 
district  to  bo  received  into  the  union  as  a  "sovereign"  state, 
80  soon  as  it  could  count  twenty  thousand  inhabitants.     In 
these  embryo  states,  every  one  who  had  enlisted  for  the  war  or 
had  served  for  three  yeara  was  to  receive  the  bounty  lands 
l)romiscd  him,  and  thirty  acres  more  for  each  dollar  due  to 
him  from  the  United  States.     One  tenth  part  of  the  soil  was 
to  be  reserved  for  "  the  payment  of  the  civil  list  of  the  United 
States,  the  erecting  of  frontier  posts,  and  the  founding  of 
seminaries  of  learning ;  the  surplus  to  be  appropriated  to  the 
building  and  equipping  a  navy,  and  to  no  other  purpose  what- 
ever."    This  pioneer   ordinance  for  coloniring  the  territory 
north-west  of  the  Ohio  was  seconded  by  Hamilton,  and  referred 
to  a  grand  committee.* 

From  the  moment  when  it  became  officially  knovm  that  a 

♦Laws  relating  to  Public  Lands,  2  3;  Journals  of  Congress,  ill.,  035. 

f  Endorsement  on  the  original  report  iu  the  state  department  is:  "Read  in 
congress  3  November  17S1." 

t  Pickering's  Pickering,  i.,  540. 

*  Papers  of  Old  Congress,  xxxvi.  MS.  The  ordinance  is  in  the  handwriting 
of  Theodonck  Bland,  and  indorsed  by  Charles  Thomson  :  "Motion  of  Mr  Bland 
seconded  by  Mr.  Hamilton.  June  5,  1783.  Kefurred  to  the  grand  committee  q€ 
80  May  1783." 


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THE  CONFEDERATION. 


B.  I. :  on.  vn. 


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preliminary  treaty  of  peace  had  been  concluded,  Robert  Morris 
persistently  demanded  the  immediate  dlschaige  of  the  army.* 
The  city  of  New  York  and  the  interior  posts  being  still  in 
British  hands,  his  importunity  was  resiste:'  by  Gorham  and 
Hamilton,  and  disapproved  by  the  secretary  of  foreign  affairs ; 
but  the  public  penury  overcame  all  scruples. 

As  the  time  drew  near  for  the  officers  to  pass  from  military 
service  to  civil  life,  they  recalled  the  example  of  the  Roman 
Cincinnatus,  and,  adopting  his  name,  formed  themselves  into 
"  one  society  of  friends,"  to  perpetuate  "  the  spirit  of  brotherly 
kindness '"  and  to  help  officers  and  their  families  in  their  times 
of  need.  An  immutable  attachment  to  the  rights  and  liberties 
of  human  nature  was  made  the  law  of  conduct  for  member, 
to  whatever  ion  they  might  belong ;  and  those  who  were 
American?  pj  aged  to  each  other  their  "  unalterable  determi- 
nation to  prv^mote  and  cherish  union  between  the  states."  f  By 
one  grave  error,  which  called  forth  from  many  sides  in  Ameri- 
ca and  in  Europe  the  severest  censure,  membership  was  made 
hereditary  in  their  eldest  male  posterity.  The  commander-in- 
chief,  who  had  no  offspring,  refused  to  separate  himself  from 
his  faithful  associates  in  the  war ;  but  by  his  influence  the  soci- 
ety at  its  first  general  meeting  in  May  1784  proposed  to  its 
branches  in  the  states  to  expunge  from  its  constitution  the 
clauses  which  had  excited  alarm  and  just  complaint. 

The  general  order  of  the  second  day  of  June  published  the 
resolve  of  congress  that  the  men  engaged  for  the  war,  with  a 
proper  proportion  of  officers,  were  immediately  to  receive  fur- 
loughs, on  the  reverse  of  which  was  their  discharge,  to  take 
effect  on  the  definitive  treaty  of  peace.  Washington  felt  the 
keenest  sensibility  at  their  distresses ;  ^  but  he  had  exhausted 
all  his  influence.  The  army,  for  three  months'  pay,  received 
only  notes  exactly  "  like  other  notes  issued  from  the  office  of 
finance."  *  These  were  nominally  due  in  six  months  to  the 
bearer,  with  six  per  cent  interest  till  paid.    Their  value  in  the 


i" 


*  Diary  of  Morris  in  Dip.  Cor.,  xii.,  367,  note.  f  Sparks,  ix.,  2S,  note, 
t  Wasliington  to  Heath,  6  June  1783.     Sparlig,  viii.,  435. 

*  Washington  to  Bland,  4  April  1783 ;  Journals  of  Congress,  for  July  9  and 
following  days,  iv.,  237,  238  ;  Morris  to  congress,  18  July  1783,  Dip.  Cor.,  xii.,  376, 
380-386  aiKl  S87-3S9,  and  other  letters. 


1783. 


DISBANDING  THE  AEMY. 


88 

market  wa^  two  shillings  or  two  and  sixpence  for  twenty  sHI- 
iings.  ^  llie  veterans  were  enthusiasts  for  liberty,  and  there- 
lore,  with  the  consciousness  of  having  done  their  duty  to  their 
native  land  and  to  mankind,  they,  in  perfect  good  order,  bear- 
mg  with  them  their  arms  as  memorials  of  their  service,  retired 
to  their  homes  "without  a  settlement  of  their  accounts,  and 
without  a  farthiiig  of  money  in  their  pockets."  f 

Tlie  events  of  the  last  four  months  caUed  into  full  action 
the  powers  and  emotions  of  Washington.  "State  politics" 
said  ho,  mterfero  too  much  with  the  more  liberal  and  exten- 
sive plan  of  government  which  wisdom  and  foresight  would 
dictate.  The  honor,  power,  and  true  interest  of  this  country 
must  be  measured  by  a  continental  scale.  To  form  a  new  con- 
stitution that  will  give  consistency,  stability,  and  dignity  to  the 
union  and  sufficient  powers  to  the  great  council  of  the  nation 
tor  genera  purposes,  is  a  duty  incumbent  upon  every  man  who 
wishes  well  to  his  country."  ^ 

Lifted  above  himself,  and  borne  on  by  the  enoi-gy  of  his 
behef,  he  in  June  addressed  the  whole  people  through  a  last 
circular  to  the  governor  of  every  state,*  for  he  was  persuaded 
that  immediate  and  extreme  danger  overhung  the  life  of  the 
union.  _  ^'  With  this  conviction  of  the  importance  of  the  pres- 
ent  crisis,   such  are  his  words, «  silence  in  me  would  be  a  crime : 
1  will  therefore  speak  without  disguise  the  language  of  free^ 
lom  and  of  sincerity.     Those  who  differ  from  me  in  political 
sentiment  may  remark  that  I  am  stepping  out  of  the  proper 
Ime  of  my  duty ;  but  the  rectitude  of  my  own  heart,  the  part 
I  have  hitherto  acted,  experience  acquired  by  long  and  close 
attention  to  the  business  of  that  country  in  whose  service  I  have 
spent  the  prime  of  my  life  and  whose  happiness  will  always 
constitute  my  own,  tlie  ardent  desire  I  feel  of  enioyino-  in  pri- 
vate life,  after  all  the  toils  of  war,  the  benefits  of  a  4e  Ld 
liberal  government,  will  sooner  or  later  convince  my  country- 
men that  this  address  is  the  result  of  the  purest  intention." 

*  Pelatiah  Webster's  Pf .  j  ical  Essays,  310;  compare  272 
f  Washington  to  Congress.  1  and  24  June  1783.    Sparks,  viii.,  438,  456 
X  Washington  to  Lafayette,  5  April  1783.     Sparks,  viii.,  412 
Sparks  viii.,  439.    The  date  of  the  circular  varies  with  the  time  of  its  sue- 
cessive  emission  to  the  several  states.  • 


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THE  CONFEDERATION". 


B.  I. ;  en.  VII. 


Thoughtful  for  the  defence  of  the  republic,  the  retiring 
commander-in-chief  recommended  ''  a  proper  peace  establish- 
ment," and  an  absolutely  uniform  organization  of  the  "  militia 
of  the  union  "  throughout  "  the  continent."  He  pleaded  for 
complete  justice  to  all  classes  of  public  creditors.  He  entreated 
the  legislature  of  each  state  to  pension  its  disabled  non-com- 
missioned officers  and  privates.  He  enforced  the  duty  of  the 
states,  without "  hesitating  a  single  moment,"  to  give  their  sanc- 
tion to  the  act  of  congress  establishing  a  revenue  for  the  United 
States,  for  the  only  alternative  was  a  national  bankruptcy. 
"  Honesty,"  he  said,  "  will  be  found  on  every  experiment  to 
be  the  best  and  only  true  policy.  In  what  part  of  the  con- 
tinent shall  we  find  any  man  or  body  of  men  who  would  not 
blush  to  propose  measures  purposely  calculated  to  rob  the 
soldier  of  his  stipend,  and  the  public  creditor  of  his  due  ? " 

He  then  proceeded  to  pronounce  solemn  judgment,  and  to 
summon  the  people  of  America  to  fulfil  their  duty  to  Provi- 
dence and  to  their  fellow-men.  "  If  a  spirit  of  disunion,  or 
obstinacy  and  perverseness,  should  in  any  of  the  states  attempt 
to  fmstrate  all  the  happy  effects  that  might  be  expected  to  flow 
from  the  union,  that  state  which  puts  itself  in  opposition  to  the 
aggregate  wisdom  of  the  continent  will  alone  be  responsible 
for  all  the  consequences.* 

"  The  citizens  of  America,  the  sole  lords  and  pi-oprietors 
of  a  vast  tract  of  continent,  are  now  acknowledged  to  be  pos- 
sessed of  absolute  freedom  and  independency.  Here  Heaven 
has  crowned  all  its  other  blessings  by  giving  a  fairer  opportu- 
nity for  political  happiness  than  any  other  nation  has  ever  been 
favored  with.  The  rights  of  mankind  are  better  understood 
and  more  clearly  defined  than  at  any  former  period.  The  col- 
lected wisdom  acquired  through  a  long  succession  of  years  is 
laid  open  for  our  use  in  the  establishment  of  our  forms  of 
government.  The  free  cultivation  of  letters,  the  unbounded 
extension  of  commerce,  the  progressive  refinement  of  man- 
ners, the  growing  libbiality  of  sentiment,  and,  above  all,  the 
pure  and  benign  light  of  revelation,  have  had  a  meliorating 
influence  on  mankind.  At  this  auspicious  period,  the  United 
States  came  into  existence  as  a  nation. 

*  Sparks,  viii.,  416,  447. 


i 


1788. 


DISBANDIlfG  THE  AEMT. 


85 
our  own.    TL13  13  the  moment  to  give  such  a  tone  to  our  fed- 

^7f^  ^^''dmg  to  the  Bptem  of  policy  the  states  shall 

adopt  at  this  moment,  it  is  to  he  decided  whether  the  revolu- 

.on  must  ultimately  be  considered  as  a  blessing  or  a  cui^e  •  a 

tate  will  the  destiny  of  unborn  millions  he  involved. 

fri„J''T^  •"  *■"  '"'""'"=''  "*  *''''  United  States  is  the 
friendly  disposition  which  will  forget  local  prejudices  and 
police,  make  mutual  concessions  to  the  gene  J  prosperity, 
and,  in  some  instances,  sacrifice  individual  advantages  to  the 
interest  of  the  community.  Liberty  is  the  basis  of  th!  gl  ril 
fabric  of  our  mdependency  and  national  diameter,  and  X 

merit  tt  !  »  T  '^''r  P'^'o-'^t  he  may  attempt  it,  will 
men  tho  bitterest  execration  and  the  severest  punishment 
which  can  be  inflicted  by  his  injured  comitrj-. 

"It  IS  indispensable  to  the  happiness  of  the  individual 
s^^tos  that  there  should  be  lodged  somewhere  a  supreme  powe^ 
to  ^gulate  and  govern  the  general  eoneems  of  fhe  corfeder- 
ated  republic,  without  which  the  union  cannot  be  of  long  du- 
ration,* and  everything  must  very  rapidly  tend  to  anarchy  and 
confusion  Whatever  measures  have  a  tendency  to  dissolve  the 
union,  or  to  violate  or  lessen  the  sovereign  authority,  ought  to 

AmZ     It    "  'T'".    *°  ""  '"''='*^  """  indopa'^deni  oJ 
America.    It  13  only  m  our  united  character  that  we  are 

known  as  an  empire,  that  our  independence  is  acknowledged, 

hat  our  power  can  be  regarded,  or  our  credit  supported  among 

foreign  nations.    The  treaties  of  the  European  powers  with 

the  United  States  of  America  will  have  no  validity  on  ad  s 

solution  of  the  union.    We  shall  be  left  nearly  in  a  state  of 

^i^Td  "'■  7  ";'^  Y  ^^  ""  "™  "°'' W  "^P^rience  that 
then,  13  a  natural  and  necessary  progression  from  the  extreme 

LT-^^  T      ,"  ''^"'""'  "^  *^™''^'  """d  that  arbitrary 

r  wioTsne::^;'^  "'^"*'  -- ''"  -'"^  °^  '^"-^  -'^-^ 

This  circular  letter  of  Washington  the  governor  of  the 

*  Sparks,  viii.,  441. 


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THE  CONFEDERATION. 


B.  I. ;  OH.  VII. 


states,  according  to  his  request,  coinmunicated  to  their  respect- 
ive legislatures.  In  this  way  it  was  borne  to  every  home  in 
the  United  States,  and  he  entreated  the  people  to  receive  it  as 
"  his  legacy  "  on  his  retirement  to  private  life. 

He  avoided  the  appearance  of  dictating  to  congress  how 
the  constitution  should  be  formed ;  but,  while  he  was  careful 
to  declare  himself  "  no  advocate  for  their  having  to  do  with 
the  particular  policy  of  any  state  further  than  it  concerns  the 
union  at  large,"  he  had  no  reserve  in  avowing  his  "  wish  to  see 
energy  given  to  the  federal  constitution  by  a  convention  of  the 
people."  * 

The  newspapers  of  the  day,  as  they  carried  the  letter  of 
Wafihington  into  every  home,  caught  up  the  theme,  and  de- 
manded a  revision  of  the  constitution,  "  not  by  congress,  but 
by  a  continental  convention,  authorized  for  the  purpose."  f 

*  Washington  to  Dr.  William  Gordon,  8  July  1783. 

f  Among  them:  Philadelphia,  3  July  1783;  Maryland  Gazette,  11  July;  "Vir- 
ginia  Gazette,  19  July. 


THE 


FOEMATIOI  OF  THE  CONSTITUTION 


OF  THE 


UNITED    STATES    OF   AMEEIOA, 

IN  FIVE  BOOKS. 

BOOK  SECOm 
ON  THE  WAY  TO  A  FEDERAL  CONVENTION. 

1783-1787. 


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CHAPTER  I. 

HOW   THE  LAND   RECEIVED  THE   LEGACY  OF  WASHINGTON". 

June-December  1783. 

All  movements  conspired  to  form  for  the  thirteen  states  a 
constitution,  sooner  than  they  dared  to  hope  and  "better  than 
they  knew."  "The  love  of  union  and  the  resistance  to  the 
claims  of  Great  Britain  were  the  inseparable  inmates  of  the 
same  bosom.  Brave  men  from  different  states,  risldng  life 
and  everything  valuable  in  a  common  cause,  believed  by  all  to 
be  most  precious,  were  confirmed  in  the  habit  of  considering 
America  as  their  country  and  congress  as  their  government."  * 
Acting  as  one,  they  had  attained  independence.  Moreover,  it 
was  their  fixed  belief  that  they  had  waged  battle  not  for  them- 
selves alone,  but  for  the  hopes  and  the  rights  of  mankind ;  and 
this  faith  overleapt  the  limits  of  separate  commonwealths  with 
the  force  of  a  religious  conviction.  For  eighteen  years  the 
states  had  watched  together  over  their  liberties ;  for  eight  they 
had  borne  arms  together  to  preserve  them ;  for  more  than  two 
they  had  been  confederates  under  a  compact  to  remain  united 
forever. 

The  fedention  excelled  every  one  that  had  preceded  it. 
Inter-citizenship  and  mutual  equahty  of  rights  between  all  its 
members  gave  to  it  a  new  character  and  an  enduring  unity. 
The  Hebrew  commonwealth  was  intensely  exclusive,  both  by 
descent  and  from  religion ;  every  Greek  republic  grew  out  of 
families  and  tribes ;  the  word  nation  originally  implied  a  com- 
naon  ancestry.  All  mediaeval  repubHcs,  like  the  Roman  mu- 
nicipalities, rested  on  privilege.     The  principle  of  inter-citi- 

*  Marshall  in  Van  Sintvoord's  Chief  Justices  of  the  United  States.  314.  315, 


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90      ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii. ;  on.  i. 

zenship  infused  itself  neither  into  the  constitution  of  the  old 
German  empire,  nor  of  Switzerland,  nor  of  Holland.  Even 
when  the  American  people  took  up  arms  against  Great  Brit- 
ain, congress  defined  only  the  membership  *  of  each  colony  ; 
the  articles  of  confederation  first  brought  in  the  rule  that  any 
one  might  at  will  transfer  his  membership  from  one  state  to 
another.  Of  old  a  family,  a  sept,  a  clan,  a  tribe,  a  nation,  a 
race,  owed  its  unity  to  consanguinity.  Inter-citizenship  now 
took  the  place  of  consanguinity ;  the  Americans  became  not 
only  one  people,  but  one  nation.  They  had  framed  a  union  of 
several  states  in  one  confederacy,  fortified  and  bound  in  with 
a  further  union  of  the  inhabitants  of  every  one  of  them  by  a 
mutual  and  reciprocally  perfect  naturalization.f  This  inter- 
citizenship,  tliough  only  in  its  third  year,  has  been  so  ratified 
by  national  affections,  by  the  national  acquisition  of  independ- 
ence, by  national  treaties,  by  national  interests,  by  national 
history,  that  the  people  possessing  it  cannot  but  take  one  step 
more,  and  from  an  indwelling  necessity  form  above  the  states  a 
common  constitution  for  the  whole. 

It  was  to  a  nation  which  had  not  as  yet  a  self-existent  gov- 
ernment, and  which  needed  and  felt  the  need  of  one,  that 
Washington's  legacy  went  forth.  The  love  which  was  every- 
where cherished  for  him,  in  itself  had  become  a  bond  of  union. 
"  They  are  compelled  to  await  the  result  of  his  letter,"  re- 
ported LuzeiTie ;  :J:  "  they  hope  more  from  the  weight  of  a  sin- 
gle citizen  than  from  the  authority  of  the  sovereign  body." 
Jonathan  Trumbull,  the  venerable  governor  of  Connecticut,  in 
his  prompt  reply  extolled  "  this  last  address  which  exhibited 
the  foundation  principles  "  of  "  an  indissoluble  union  of  the 
states  under  one  federal  head."  *  When  in  the  next  autumn 
this  faithful  war  governor,  after  more  than  fifty  years  of  ser- 
vice, bade  farewell  to  public  life,  imitating  Washington,  he 
set  forth  to  the  legislature  of  Connecticut,  and  through  them 
to  its  people,  that  the  grant  to  the  federal  constitution  of  pow- 
ei-s  clearly  defined,  ascertained,  and  understood,  and  sufficient 

*  Journals  of  Congress,  1.,  365. 

f  Bacon's  speech  for  general  naturalization,  Spedding'a  Bacon's  Letters  and 
Life,  iii.,  319.  J  Luzerne  to  Vcrgcnnes,  4  August  1783. 

*  Jonathan  Trumbull  to  Washington,  10  June  l^So. 


'm 


1783. 


THE  LEGACY  OF  WASHINGTON. 


91 

for  all  the  great  purposes  of  union,  could  alone  lead  from  the 
danger  of  anarchy  to  national  happiness  and  glory.  * 

In  June  the  general  assembly  of  Delaware  complied  with 
all  parts  of  the  recommendation  of  congress,  coupling  the  im- 
post with  the  state's  quota  of  the  federal  requisition.f  To 
Washington,  Nicholas  Van  Dyke,  the  governor,  on  receiving 
the  circular,  reported  this  proof  of  their  zeal  for  establishing 
the  credit  of  the  union,  adding :  "The  state  which  declines  a 
similar  conduct  must  bo  blind  to  the  united  interest  with  which 
that  of  the  individual  states  is  inseparably  connected."  ^ 

Pennsylvania,  linking  together  the  Korth  and  the  South, 
never  hesitated ;  then  and  ever  after,  it  made  tlie  reasoning  and 
the  hopefulness  of  Washington  its  own.  At  a  festival  in 
Philadelphia,  held  near  the  middle  of  July,  with  Dickinson, 
the  president  of  the  state,  in  the  chair,  the  leading  toast  was: 
"Kew  strength  to  the  union;"  and,  when  "Honor  and  im- 
mortality to  the  principles  in  Washington's  circular  letter"  was 
proposed,  the  company  rose  twice  and  manifested  their  appro- 
bation by  nine  huzzas. 

A  month  later,  Dickinson  and  the  council  of  Pennsylvania 
sent  to  the  general  assembly  the  valedictory  of  the  commander- 
in-chief,  quoting  and  enforcing  his  words,  saying:  "We  most 
earnestly  recommend  that  the  confederation  be  strengthened 
and  improved.     To  advance  the  dignity  of  the  union  is  the 
best  way  to  advance  the  interest  of  each  state.    A  federal  su- 
premacy, with  a  competent  national  revenue,  to  govern  firmly 
general  and  relative  concerns,"  can  alone  "  ensure  the  respect, 
tranquillity,  and  safety,  that  are  naturally  attached  to  an  exten- 
sive and  well-established  empire.     All  the  authorities  before 
mentioned  may  be  vested  in  a  federal  council,  not  only  with- 
out the  least  danger  to  liberty,  but  liberty  will  be  thereby 
better  secured."**     The  house  on  the  twenty-fifth,  joining 
together  the  impost  and  the  quota  of  the  state,  unanimously 
ordered  the  grant  of  them  both,||  and  at  a  later  session  thanked 
Washington  specially  for  his  final  "circular  letter,  the  ines- 
timable legacy  bequeathed  to  his  country." 

*  Stuart'8  Trumbull,  G04-608.  f  Papers  of  Old  Congress,  Ixxv.     MS. 

}  Nicholas  Van  Dyke  to  Washington.  <>  -Tuly  1783. 

«  Colonial  Records,  xiii.,  018,  619.  ?apcr8  of  Old  Congress,  I«v.     MS 

VOL.  VI. — 8 


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02      ON  THE  WAY  TO  A  FEDERAL  CONVENTION.    D.n.;on.t 

In  March,  during  a  sesHion  of  tlio  legialaturo  of  South 
Carolina,  Greene,  who  had  received  the  suggestions  of  Gouv- 
cmeur  Morris,  addressed  a  letter  to  the  state  through  Guerard, 
the  governor,  representing  the  sufferings  and  mutinous  temper 
of  the  army,  and  the  need  of  a  revemie  for  congress,  and  say- 
ing :  "  [ndependcnce  can  only  prove  a  blessing  under  congres- 
sional influence.  More  is  to  bo  dreaded  from  the  membei*s  of 
congress  exercisinfj  too  little  than  too  much  power.  The  finan- 
cier says  his  department  is  on  the  brink  of  ruin.  To  the  north- 
ward, to  the  southward,  the  eyes  of  the  army  are  turned  upon  the 
states,  whose  measures  will  determine  their  conduct.  They  will 
not  be  satisfied  with  general  promises ;  nothing  short  of  perma- 
nent and  certain  revenue  will  keep  them  subject  to  authority." 

"  No  dictation  by  a  Cromwell !  "  cried  impatient  members 
w^ho  could  scarcely  wait  to  hear  the  conclusion  of  the  letter. 
To  mark  independence  of  congress  and  resistance  to  the  requi- 
sitions of  "  its  swordsmen,"  South  Carolina  revoked  its  grant 
to  the  United  States  of  power  to  levy  a  five  per  cent  duty 
on  imports.*  Greene  consoled  himself  with  the  thought  that 
"he  had  done  his  duty,  and  would  await  events;"  but  he 
was  made  wiser  by  the  rebuff.  "While  he  perceived  that  with- 
out more  effectual  support  the  power  of  congress  must  exjHre, 
he  saw  that  the  movement  of  6oldiei*s  without  civil  authority 
is  pregnant  with  danger,  and  would  naturally  fall  under  the 
"  direction  of  the  Clodiuses  and  Catilines  in  America."  f  The 
appeal  of  congress  in  April  exercised  little  counteracting  in- 
fluence; but,  when  the  circular  of  AVashington  arrived,  the 
force  and  affection  with  which  it  was  written  produced  an 
alteration  of  sentiment  in  more  than  one  quarter  of  the  mem- 
bers. "  "Washington  was  admired  before ;  now  he  was  little 
less  than  adored." ;{:  The  continental  impost  act  was  adopted, 
though  not  without  a  clause  reserving  the  collection  of  the 
duties  to  the  officers  of  the  state,  and  appropriating  them  to 
the  payment  of  the  federal  quota  of  South  Carolina.* 

*  Johnson's  Life  of  Greene,  ii.,  387,  388, 

t  Giccne  to  G.  Morris,  3  April  1783.     Sparks'  Life  of  G.  Morris,  i.,  261, 
252. 

X  Greene  to  Washington,  8  August  1783.     Letters  to  Washington,  iv.,  38. 

*  Statute  No.  1,190,  passed  13  August  1783,  in  Statutes  at  Large  of  South 
Carolina,  iv.,  570. 


1788. 


THE  LEGACY  OF  WASHINGTON. 


03 

Tn  October,  Clinton,  the  governor  of  Now  York,  rcsnouded 
to  WoBhington  :  "  Unless  the  powers  of  the  national  'ouncil 
aro  enlarged,  and  that  body  better  supported  than  at  present 
all  Its  measures  will  discover  such  feebleness  and  want  of 
energy  as  will  stuiu  us  with  disgrace  and  expose  us  to  the  worst 
of  evils '  *  And  in  tho  following  January,  holding  up  to 
the  legislature  the  last  circular  of  the  commander-in-chief  ho 
charged  them  to  «be  attentive  to  every  measure  which  has  a 
tendency  to  cement  the  union  and  to  give  to  tho  national 

welW' t '*  '""''^^  ''^'''^'  """^  ^"^  ""'''"'^'^  ^^'  ^^^"  t'^^^''^^ 
The  circular  reached  Massachusetts  just  when  tho  Icgisla- 
tiirc  was  complaining  of  the  half-pay  and  of  excessively  largo 
ealanes  to  civil  officers.    The  senate  and  the  house  dispatched 
a  most  affectionate  joint  address  to  Washington,  attributing  to 
the  guidance  of  an  all-wise  Providence  his  selection  as  com- 
mander-in-chief, adding:  "While  patriots  shall  not  cea.e  to 
applaud  your  sacred  attachment  to  the  rights  of  citizens,  your 
military  virtue  and  achievements  will  make  the  brightest  pages 
m  the  history  of  mankind."  t     To  congress  the  legislature 
gave  assurances  that  ''it  could  not  without  horror  entertain  the 
most  distant  idea  of  the  dissolution  of  the  union ;"  though 
the  extraordinary  grants  of  congress  to  civil  and  military 
officers  had  produced  in  the  commonwealth  effects  of  a  threat- 
ening  aspect."  *    John  Hancock,  tho  popular  governor,  com- 
mending Washington's  circular,  looked  to  him  as  the  states- 
man «  of  wisdom  and  experience,"  teaching  them  how  to  im- 
prove to  the  happiest  purposes  the  advantages  gained  by  arms 
As  president  of  the  senate,  Samuel  Adams  officially  signed 
the  remonstrance  of  Massachusetts  against  half-pay;  as  a  citi- 
zen,  he  frankly  and  boldly,  in  his  own  state  and  in  Connecti- 
cut, defended  the  advice  of  Washington :  "  In  resisting  en- 
croachments on  our  rights,  an  army  became  necessary.     Con- 
gress were  and  ought  to  be  the  sole  judge  of  the  means  of 
supporting  that  army ;  they  had  an  undoubted  right  in  the 
very  nature  of  their  appointment  to  make  the  grant  of  half 

*  Clinton  to  Washington,  11  October  im.    Letters  to  Washington,  iv..  48. 

t  Speech  to  the  legiahiturc,  21  January  1784. 

X  Boston  Gazette,  22  A.:gust  1 783.  '  *  .Journals  of  Congress,  iv.,  27a 


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04     ON  TOE  WAY  TO  A  FEDERAL  CONVENTION,    b.ii.;  on.i. 

pay ;  and,  as  it  was  mado  in  behalf  of  the  United  States,  each 
Btato  is  bound  in  justice  to  comply  with  it,  even  though  it 
should  seem  to  them  to  have  been  an  ill-judged  measure. 
States  as  well  as  individual  persons  are  equally  bound  to  fulfil 
their  engagements,  and  it  is  one  part  of  the  description  given 
to  us  in  the  sacred  scriptures  of  an  honest  man,  that,  though 
'  he  sweareth  to  his  own  hurt,  he  changeth  not.'  "  * 

In  like  spirit  congress  repUed  to  the  protest  against  half- 
pay.  "  The  measure  was  the  result  of  a  deliberate  judgment 
framed  on  a  general  view  of  the  interests  of  the  union,  and 
pledged  the  national  faith  to  carry  it  into  effect.  If  a  state 
every  way  so  important  as  Massachusetts  should  withhold  her 
solid  support  to  constitutional  measures  of  the  confederacy,  the 
result  must  be  a  dissolution  of  the  union  ;  and  then  she  must 
hold  herself  as  alone  responsible  for  the  anarchy  and  domestic 
confusion  that  may  succeed."  f 

At  the  opening  of  the  autumn  session,  Hancock,  recalling 
the  attention  of  the  legislature  to  the  words  of  "Washington, 
said :  "  How  to  strengthen  and  improve  this  union,  so  as  to 
render  it  more  completely  adequate,  demands  the  immediate 
attention  of  these  states.  Our  very  existence  as  a  free  nation 
is  suspended  upon  it."  ;{: 

On  the  ninth  of  October  ho  cited  to  the  general  court  ex- 
tracts of  letters  from  John  Adams  confirming  the  sentiments 
of  Washington.  Near  forty  towns  in  the  state  had  instructed 
their  representatives  against  granting  the  impost  recommended 
by  congress.  And  yet  it  was  carried  in  the  house  by  seventy- 
two  against  sixty-five ;  a  proviso  that  it  should  not  bo  usod  to 
discharge  half -pay  or  its  commutation  was  rejectea  uj  a  uu- 
jority  of  ten;  and  the  bill  passed  the  senate  air-"  i  u  lari- 
mously.*    Some  of  the  towns  still  murmured,  but  Boston  in 

*  Samuel  Adams  to  a  friend  in  Connecticut.  Boston,  25  September  1783. 
Same  to  Noah  Webster,  30  April  1784.     MS. 

f  Journals  of  Congress,  iv.,  277,  278.  Congress,  on  which  Washington  was 
then  in  attccii^i^^,  would  surely  have  consulted  him  on  the  half-pay  of  which  he 
was  the  authoi".  ^Tie  original  papers  prove  that  the  congressional  reply  to  Massa- 
chusetts wa^  prepared  after  much  consultation,  and  here  and  there  show  traces 
of  his  mind.  X  Salem  Gazette  of  2  October  1783. 

*  Samuel  Cooper  to  Franklin,  16  October  1783.  Works  of  Franklin,  x.,  25. 
Salem  Gazette,  30  October  1783. 


1783. 


TOE  LEGACY  OF  WASHINGTON. 


95 


town-meeling  answered :  "Tlio  commutation  is  wisely  blended 
witli  the  national  debt.     With  respect  to  the  impost,  if  we 
ever  mean  to  be  a  nation,  wo  must  give  power  to  congress 
and  funds,  too."  ' 

But  Washington's  letter  achieved  its  greatest  victory  in  his 
own  state.    Mercer  had  said  in  congress  that,  sooner  than  re- 
instate the  impost,  he  would  "crawl  to  Richmond  on  his  bare 
knees."*  The  legislature,  which  was  in  session  when  the  com- 
munication from  congress  arrived,  ordered  a  bill  to  grant  the 
impost.    JeflPerson  was  hoping  that  Henry  would  speak  for  the 
grant,  but  he  remained  mute  in  his  place.f    Richard  Henry 
Lee  and  Thurston  spoke  of  congress  as  "  lusting  for  power." 
The  extent  of  the  implied  powers  which  Hamilton  had  as- 
serted in  the  letter  of  congress  to  Rhode  Island  was  "  repro- 
bated as  alarming  and  of  dangerous  tendency;":}:  and  on  the 
eleventh  of  June  the  proposition  of  congress  was  pronounced 
to  be  inadmissible,  because  the  revenue-officers  were  not  to  be 
amenable  to  the  commonwealth ;  because  the  power  of  collect- 
ing a  revenue  by  penal  laws  could  not  be  delegated  without 
danger ;  and  because  the  moneys  to  be  raised  from  citizens  of 
Virginia  were  to  go  into  the  general  treasury.     So  the  propo- 
sition of  congress  was  left  without  any  support.     Virginia,  to 
discharge  her  continental  debt,  preferred  to  establish  a  custom- 
house of  her  own,  appropriating  its  income  to  congress  for 
five-and-twenty  years,  and  making  good  the  deficiency  by  taxes 
on  land,  negroes,  and  polls.     « The  state,"  said  Arthur  Lee, 
"  is  resolved  not  to  suffer  the  exercise  of  any  foreign  power 
or  influence  within  it."  #  But,  when  the  words  of  Washington 
were  read,  the  house  gave  leave  to  the  advocates  for  a  conti- 
nental impost  to  provide  for  it  by  a  bill  which  was  to  have  its 
first  reading  at  the  opening  of  the  next  session. 

These  events  did  but  render  Richard  Heniy  Lee  more  ob- 
durate. Placing  himself  directly  in  the  way  of  Washington 
and  Madison,  he  wrote  to  a  friend  at  the  North:  "The  late 


*  Madison  to  Randolph,  18  February  1783.    Gilpin,  606. 
f  Jefferson  to  Madison,  7  May,  1  June,  17  June  1783. 

X  Joseph  Jones  of  King  George  to  Madison,  11  June  1783,  MS. ;  in  part  in 
Rives's  Madison,  i.,  436. 

*  Arthur  Lee  to  Thcodorlck  Bland,  13  June  1783.     Bland  Papers,  ii.,  110. 


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96      ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii.  ;  on.  i. 

addre88  of  congress  to  the  states  on  the  impost  I  think  a  too 
early  and  too  strong  attempt  to  overleap  those  fences  estab- 
lished by  the  confederation  to  secure  the  liberties  of  the  re- 
spective states.  Give  the  purse  to  an  aristocratic  assembly,  the 
sword  will  follow,  and  liberty  become  an  empty  name.  As 
for  increasing  the  power  of  congress,  I  would  answer  as  the 
discerning  men  of  old,  with  the  change  of  a  word  only .  '  No- 
lumus  leges  confederationis  mutaii — we  forbid  change  in  the 
laws  of  the  confederation.' "  *  But,  in  the  time  afforded  for 
reflection,  Washington's  valedictory  letter,  which  Jefferson  de- 
scribes as  "  deservedly  applauded  by  the  world,"  f  gained  more 
and  more  power ;  at  the  adjourned  session,  the  legislature  of 
Virginia,  with  absolute  unanimity,  reversed  its  decision  and 
granted  by  law  the  continental  impost,  ^  "  Everything  -^dll 
come  right  at  last,"  said  Washington,  as  he  heard  the  gladden- 


ing 'lews.' 


heard  one  single 


"Never,"  said  George  Mason,  "have  I 
man  deny  the  necessity  and  propriety  of  the  union.  No  ob 
ject  can  be  lost  when  the  mind  of  every  man  in  the  country 
is  strongly  attached  to  it."  ||  "  I  do  not  believe,"  witnesses 
Jefferson,  "  there  has  ever  been  a  moment  when  a  single  whig 
in  any  one  state  would  not  have  shuddered  at  the  very  idea  of 
a  separation  of  their  statt  from  the  confederacy."  ^  A  propo- 
sition had  been  made  in  June  to  revoke  the  release  to  the 
United  States  of  the  territory  north-west  of  the  river  Ohio. 
Patrick  Henry  was  for  bounding  the  state  reasonably  enough, 
but,  instead  of  ceding  the  parts  lopped  off,  he  was  for  forming 
them  into  small  republics  ()  under  the  direction  of  Virginia. 
Nevertheless,  the  legislature,  guided  by  the  sincerity  and  per- 
severance of  Joseph  Jones  of  King  George  county,  conformed 
to  the  wishes  of  congress,  and,  on  the  nineteenth  and  twentieth 
of  December,  cheerfully  amended  and  confirmed  their  former 
cession.  | 

The  last  legislature  to  address  Washington  in  his  public 

♦  R.  n.  Leo  to  William  Whipple,  1  July  1783.        f  Jefferson's  Works,  ix.,  2CG. 

t  Honing,  xi.,  313.  «  Sparks,  ix.,  5. 

I  George  Mason  in  the  Virginia  Convention,  11  Juno  1788. 

^  Jefferson,  ix.,  251.  ^  Jefferson  to  Madison,  17  June  1783. 

t  Jaurnals  of  House  of  Delegates,  71,  79. 


1788. 


THE  LEGACY  OF  WASHINGTON. 


97 


character  was  Maryland,  and  they  said:  "By  your  letter  you 
have  taught  us  how  to  value,  preserve,  and  improve  that 
liberty  which  your  services  under  the  smiles  of  Providence 
have  secured.  If  ihe  powers  given  to  congress  by  the  con- 
federation should  be  found  incompetent  to  the  purposes  of  the 
I  oion,  our  constituents  will  readily  consent  to  enlarge  them."* 

On  the  part  of  congress,  its  president,  Elias  Boudinot  of 
New  Jersey,  transmitted  to  the  ministers  of  America  in  Europe 
the  circular  letter  of  Wp.shington  as  the  most  perfect  evidence 
of  "  his  inimitable  character."  f 

Before  the  end  of  June,  raw  recruits  of  the  Pennsylvania 
line,  in  the  barracks  at  Philadelphia,  many  of  them  foreign 
born,  joined  by  oihers  from  Lancaster,^  «  soldiers  of  a  day,  who 
could  have  very  few  hardships  to  complain  of,"  #  with  some 
returning  veterans  wliom  they  forced  into  their  ranks,  ||  en- 
couraged by  no  officer  of  note,^  surrounding  congress  0  and 
the  council  of  Pennsylvania,  mutinously  presented  to  them 
demands  for  pay.  Congress  insisted  with  the  state  authorities 
that  the  militia  should  be  called  out  to  restore  order,  and,  the 
request  being  refused,  $  it  adjourned  to  Princeton.  On  the 
rumor  that  the  commander-in-chief  was  sending  troops  to  quell 
the  mutiny,  the  insurgents,  about  three  hundred  in  number, 
made  their  submission  to  the  president  of  the  state.  ^ 

The  incident  hastened  the  selection  of  a  place  for  the  per- 
manent residence  of  congress.  The  articles  of  confederation 
left  congress  free  to  meet  where  it  would.  With  the  knowl- 
edge of  the  treaty  of  peace,  the  idea  naturally  arose  of  a  fede- 
ral town,  and  for  its  site  there  were  many  competitors.  Of 
the  thirteen  states  which  at  that  time  fringed  the  Atlantic,  the 
central  point  was  in  Maryland  or  Virginia.  In  March  1783, 
New  York  tendered  Kingston ;  in  May,  Maryland  urged  the 
choice  of  Annapolis ;  in  June,  New  Jersey  offered  a  district 
below  the  falls  of  the  Delaware.     Virginia,  having  George- 

*  Address  of  the  Jlaryland  legislature,  22  December  1763.     MS. 
f  Diplomatic  Correspondence,  ITSS-nSQ,  i.,  14. 

J  ^^'^•'  '•'  ®-  *  Sparks,  viii.,  455. 

I  Diplomatic  Correspondence,  1783-1789,  i.,  10,  22,  23;  Hamilton,  i.,  387. 
^  Diplomatic  Correspondence,  ii.,  614;  i.,  87,  50. 

0  Gilpin,  548 ;  Colonial  Records,  xiii.,  655.  J  namilton,  ii.,  276. 

^  Diplomatic  Correspondence,  i.,  12, 


I    .:,]'■  :lL. 


'If  ' 


98     ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii. 


on.  I. 


'  ;s  ( 


i  a 


'  'sH 


town  for  its  object,*  invited  Maryland  to  join  in  a  cession  of 
equal  portions  of  territory  lying  together  on  the  Potomac* 
leaving  congress  to  fix  its  residence  on  either  side,  f 

During  the  summer,  congress  appointed  a  committee  to 
consider  what  jurisdiction  it  should  exercise  in  its  abiding- 
place.    Madison  took  counsel  with  Eandolph,  and  especially 
with  Jefferson ;  ^  and  in  September  the  committee  of  which 
he  was  a  member  reported  that  the  state  ceding  the  territory 
must  give  up  all  jurisdiction  over  it ;  the  inhabitants  were  to 
be  assured  of  a  government  of  laws  made  by  representatives  of 
their  own  election.*    In  October,  congress  took  up  the  ques- 
tion of  its  permanent  residence.  ||     Gerry  struggled  hard  for 
the  district  on  the  Potomac ;  but,  by  the  vote  of  Delaware  and 
all  the  northern  states,  "a  place  on  the  Delaware  near  the 
falls"  was  selected.     Within  a  few  days  the  fear  of  an  over- 
powering influence  of  the  middle  states  led  to  what  was  called 
"the  happy  coalition ;"  on  the  seventeenth  Gerry  insisted  that 
the  alternate  residence  of  congress  in  two  places  would  secure 
the  mutual  confidence  and  affections  of  the  states  and  preserve 
the  federal  balance  of  power.     After  a  debate  of  several  days, 
New  England,  with  Maryland,  Virginia,  and  the  two  Carolinas' 
decided  that  congress  should  reside  for  equal  periods  on  the 
Delaware  and  near  the  lower  falls  of  the  Potomac.    Till  build- 
ings for  its  use  should  be  erected,  it  was  to  meet  alternately  in 
Annapolis  and  Trenton.^    To  carry  out  the  engagement,  a 
committee,  of  which  James  Monroe  was  a  member,  made  an 
excursion  from  Annapolis  in  the  following  May  to  view  the 
country  round  Georgetown ;  and  they  reported  in  favor  of  the 
position  on  which  the  city  of  Washington  now  stands.  ^ 

The  farewell  circular  letter  of  Washington  addressed  to  all 
his  countrymen  had  attracted  the  attention  of  congress,  and 
in  particular  of  Hamilton,  who  roused  himself  from  his  own 

*  Madison  to  Randolph,  13  October  1T83.    Gilpin,  678. 

f  Journals  of  the  Virginia  Houae  of  Delegates,  28  June  1783,  p.  97. 
X  Madison  to  Jefferson,  20  September  1783.    Gilpin,  673. 

*  Gilpin,  659,  571-675. 

I  Madison  to  Randolph,  18  October  1783.     Gilpin,  676. 
•*■  Iligginson  to  Bland,  January  1784.     Bland  Papers,  ii.,  113,  114.    Comparo 
Boudinot  to  R.  R.  Livingston,  23  October  1788. 
0  Monroe  to  Jefferson,  20  May  and  25  May  1784. 


M,\ 


1783. 


THE  LEGACY   OF  WASHINGTON. 


99 

desponding  mood  when  he  saw  the  great  chieftain  go  forth 
alone  to  combat  "the  epidemic  phrenzy"*  of  the  supreme 
sovereignty  of  the  separate  states.  During  the  timeTf  dl 
turbances  m  the  army,  "could  force  have  availed,  he  had 

hirlfT  1  •*'  r  I'  ''"^''^'^•'  ^  ^^"^™^  ^^^^-g  before- 
hand of  Washmgton's  mtention  to  address  the  people,  he  had 

favored  some  combined  action  of  congress  and  the  general  to 
compel  the  states  forthwith  to  choose  between  national  anarchy 
and  a  consolidated  union.t  No  sooner  had  congress  established 
Itself  m  Pnnceton*  than  the  youthful  statesman  drafted  a 
most  elaborate  and  comprehensive  series  of  resolutions  embody- 
ing in  clear  and  definite  language  the  defects  in  the  confedera- 
tion  as  a  form  of  federal  government;  and  closing  with  an 
earnest  recommendation  to  the  several  states  to  appoint  a  con 

tZLlZ      TZ^  '"'  "^^P'  "^-^  P^^P^-  -^^^  altera- 
tions as  to  them  should  appear  necessary;  to  be  finallv  ap- 
proved or  rejected  by  the  states  respectively  ^ 
But  m  the  congress  of  that  day  he  found  Httle  disposition 
to  second  an  immediate  effort  for  a  new  constitution      Of  the 
committee    elected  on   the    twenty-eighth   of   April,  which 
counted  among  its  members  the  great  names  of  Ellsworth, 
Wilson,  and  Hamilton,  Wilson  and  two  others  had  gone  home  • 
Ellsworth  followed  in  the  first  half  of  July,  but  not  till  he  had 
announced  to  the  governor  of  Connecticut:  " It  will  soon  be 
01  very  little  consequence  where  congress  go,  if  they  are  not 
made  respectable  as  well  as  responsible ;  which  can  never  be 
done  without  giving  them  a  power  to  perforin  engagements  as 
well  aa  make  them.     There  must  be  a  revenue  somehow  estab- 
hsiied  that  can  be  relied  on  and  applied  for  national  purposes, 
independent  of  the  will  of  a  single  state,  or  it  will  be  impossi- 
ble to  support   national   faith,  or  national  existence.      The 
powers  of  congress  must  be  adequate  to  the  purposes  of  their 
constitution    _  It  is  possible  there  may  be  abuses  and  misappli- 
cations ;  still  It  IS  better  to  hazard  something  than  to  hazard 

*iwlr"'''?"  t  Ibid.,  i.,  3«2.  t  Ibid.,  l,  402. 

pubmitJ  r'  '"^''~*  ""  bis  own  paper  is:  "Resolutions  intended  to  bo 
B^^bm.tted  to  congress  at  Princeton  in  1783,  but  abandoned  for  want  of  support  " 


,    ,  I  ill  I 
I  If.:  ■  • 

I 


m 


'   l,':l 


k    :    :    'l, 

11 

;   '  i    i 

w 

■  >V- 

1    ,, 

;  '  ■' 

a 

1 

*' 

100   ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii.  ;  on.  i. 


(      ;• 


all."  *  Nearly  at  the  same  moment  Hamilton  wrote  to 
Greene  :  "  There  is  so  little  disposition,  either  in  or  out  of  con- 
gress, to  give  solidity  to  onr  national  system,  that  there  is  no 
motive  to  a  man  to  lose  his  time  in  the  public  service  who  has 
no  other  view  than  to  promote  its  welfare.  Experience  must 
convince  us  that  our  present  establishments  are  Utopian  before 
we  shall  be  ready  to  part  with  them  for  better."  To  Jay  his 
words  were :  "  It  is  to  be  hoped  that,  when  prejudice  and  folly 
have  run  themselves  out  of  breath,  we  may  return  to  reason 
and  correct  our  errors."  f  Confirmed  in  "  his  ill  forebodings 
as  to  the  future  system  of  the  country,"  ^  "  he  abandoned  his 
resolutions  for  the  want  of  support." 

In  congress,  which  he  left  near  the  end  of  July,  three 
months  before  the  period  for  which  he  was  chosen  expired,  we 
know  through  an  ardent  friend  that  "  his  homilies  were  recol- 
lected with  pleasure  ; "  that  his  extreme  zeal  made  impressions 
in  favor  of  his  integrity,  honor,  and  republican  principles ;  that 
he  had  displayed  various  knowledge,  had  been  sometimes  in- 
temperate and  sometimes,  though  rarely,  visionary ;  that  cau- 
tious statesmen  thought,  if  he  could  pursue  an  object  with  as 
much  cold  perseverance  as  he  could  defend  it  with  ardor  and 
argument,  he  would  prove  irresistible.*  From  the  goodness  of 
his  heart,  his  pride,  and  his  sense  of  duty,  he  gave  up  "  future 
views  of  public  life,"  \\  to  toil  for  the  support  of  his  wife  and 
children  in  a  jirofession  of  which  to  him  the  labors  were  alike 
engrossing  and  irksome.'*-  In  four  successive  years,  with  few 
to  heed  him,  he  had  written  and  spoken  for  a  constituent 
federal  convention.  His  last  official  word  to  Clinton  was: 
"  Strengthen  the  confederation."  ^ 

On  the  second  of  September,  more  than  a  month  after 
Hamilton  had  withdrawn,  the  remnant  of  the  committee  of 
the  twenty-eighth  of  April,  increased  by  Samuel  Huntington, 
of  Connecticut,  reported  that  "  until  the  effect  of  the  resolu- 

*  Ellsworth,  infra,  324.  f  Johnson,  ii.,  442.     Jay's  Jay,  ii.,  123. 
X  Hamilton,  i.,  352. 

*  McIIcnry  to  Hamilton,  22  October  1783.     Hamilton,  i.,  411. 
B  Hamilton  to  Clinton,  14  May  1783.     Hamilton,  i.,  308. 

^  That  Hamilton  disliked  the  labors  of  a  lawyer,  I  received  from  Eliphalct 
Nott. 

(/  Hamilton  to  Clinton,  3  October  1 18Z.     Hamilton,  i.,  407. 


1783. 


THE  LEGACY  OF  WASIirnGTON-. 


101 


i 


tion  of  congress,  of  April  last,  relating  to  revenue,  should  be 
known,  it  would  be  proj^er  to  postpone  the  further  considera- 
tion of  tlie  concurrent  resolutions  of  the  senate  and  assembly 
of  New  York."  *  In  this  way  the  first  proposition  by  a  state 
for  reforming  the  government  through  a  federal  convention 
was  put  to  sleep. 

All  this  while  the  British  commander  was  preparing  for 
the  evacuation  of  New  York.  The  malignant  cruelty  of  royal- 
ists, especially  in  New  York  and  South  Carolina,  who  prompted 
and  loved  to  execute  the  ruthless  orders  of  Germain,  aroused 
against  them,  as  had  been  foretold,  a  just  indignation,  which 
unhappily  extended  to  thousands  of  famiHes  in  the  United 
States  who  had  taken  no  part  in  the  excesses.  Toward  these 
Washington  and  Adams,  Jay  and  Hamilton,  and  Jefferson 
who  was  especially  called  "  their  protector  and  support,"  f  and 
many  of  the  best  counselled  forbearance  and  forgiveness.  Mo- 
tives of  policy  urged  their  absorption  into  the  population  of 
the  union  now  that  the  sovpieign  to  whom  they  had  continued 
their  allegiance  had  given  them  their  release.  But  a  dread  of 
their  political  influence  prevailed,  and  before  the  end  of  1783 
thousands  of  loyalists,  families  of  superior  culture,  like  the 
original  planters  of  Massaclnisetts,  were  driven  to  seek  homes 
in  the  wilds  of  Nova  Scotia.  X  In  this  way  the  United  States 
out  of  their  own  children  built  up  on  their  border  a  colony  of 
rivals  in  navigation  and  the  fishery  whose  loyalty  to  the  British 
crown  waa  sanctified  by  misfortunes.  Nor  did  the  British 
parliament  hesitate  for  a  moment  to  compensate  all  refugees 
for  the  confiscation  of  their  property,  and,  when  the  amount 
was  ascertained,  it  voted  them  from  the  British  treasury  as  an 
indemnity  very  nearly  fifteen  and  a  half  millions  of  dollars.* 

The  American  army  being  nearly  disbanded,  Washington, 
on  the  eighteenth  of  July,  with  Governor  Clinton  as  his  com- 
panion, made  an  excursion  into  the  interior,  during  which  he 
personally  examined  the  lines  of  water  communication  between 
branches  of  the  Hudson  and  the  Saint  Lawrence,  the  lakes  and 
the  Susquehanna.     By  these  observations,  he  comprehended 

*  Report  of  Peters,  McIIenry,  Izard,  Duane,  and  S.  Huntingdon,  of  2  Septem- 
ber 1T83.  f  Luzerne  to  Rayncval,  of  18  June  1784.     MS. 
J  Ilaliburtou'a  Nova  Scotia,  i.,  263.  #  Sabine's  Loyalists,  111. 


.}    ,,, 


!     }    I 

r  1- 


•■  ! 


I,  M  1 


102    OH  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii.  ;  en.  i. 

more  clearly  "the  immense  extent  and  importance  of  tho 
inland  navigation  of  the  United  States.  I  shall  not  rest  con- 
tented," said  he,  "  till  I  have  explored  the  western  country 
and  traversed  great  part  of  those  lines  which  give  bounds  to  a 
new  empire."  * 

He  wished  at  that  time  to  visit  the  Niagara ;  but  over  tho 
fort  on  the  American  side  of  that  river  the  British  flag  still 
waved.  Thrice  Washington  had  invited  the  attention  of  con- 
gress to  the  western  posts;  and  he  was  now  instructed  to 
demand  them.  He  accordingly  accredited  Steuben  to  Ilaldi- 
mand,  the  British  commander-in  chief  in  Canada,  with  power 
to  receive  them.  At  Sorel,  on  the  eighth  of  August,  Steuben 
explained  his  mission  to  Haldimand,  who  answered  that  ho 
had  not  received  any  orders  for  making  the  least  arrangements 
for  the  evacuation  of  a  single  post;  and  without  positive 
orders  he  would  not  evacuate  one  inch  of  ground,  f  Nor 
would  he  permit  Steuben  to  communicate  with  the  inhabitants 
of  any  place  occupied  by  the  British. 

On  the  seventh  of  August,  just  as  Washington  had  re- 
turned from  his  northern  tour,  congress,  ten  states  being  pres- 
ent, unanimously  voted  him  a  statue  of  bronze,  to  be  executed 
by  the  best  artist  of  Europe.  X  On  the  marble  pedestal  were 
to  be  represented,  in  low  relief,  the  evacuation  of  Boston,  the 
capture  of  Hessians  at  Trenton,  the  victory  at  Princeton,  the 
action  at  Monmouth,  and  the  surrender  of  Cornwallis  at  York- 
town.  "The  statue,"  wrote  Luzerne,  "is  the  only  mark  of 
public  gratitude  which  Washington  can  accept,  and  the  only 
one  which  the  government  in  its  poverty  can  offer."  * 

But  a  greater  honor  awaited  him.  At  the  request  of  con- 
gress, he  removed  his  quarters  to  the  neighborhood  of  Prince- 
ton ;  and  on  the  twenty-sixth,  in  a  public  audience,  Boudinot, 
the  president,  said  to  him :  "  In  other  nations  many  have  de- 
served and  received  the  thanks  of  the  public ;  but  to  you,  sir, 
peculiar  praise  is  due;  your  services  have  been  essential  in 


*  Washington  to  Chastellux,  12  October  1783.    Sparks,  viii.,  489. 

f  Baron  Steuben  to  Washington,  23  August  1783.     Letters  to  Wasliington, 


iv.,  41.  42 


X  Journals  of  Congress,  iv.,  251.     It  still  remains  to  give  effect  to  the  vote. 
•  Luzerne  to  Vergenaes,  25  August  1783. 


iilkj. 


■I  '    il    i 
^^1      I    I' 


1783. 


THE  LEGACY  OF  WASHINGTON. 


X08 


acquiring  and  establishing  the  freedom  and  independence  of 
your  country.  It  still  needs  your  services  in  forming  arrange- 
ments for  the  time  of  peace."  A  committee  was  charged  to 
receive  his  assistance  in  preparing  and  directing  the  necessary 
plans.* 

The  choice  of  "Washington  for  a  counsellor  proved  the  sin- 
cerity of  congress  in  favor  of  union,  and  a  series  of  national 
measures  was  inaugurated.  For  a  peace  establishment,  he  ma- 
tured a  system  which  was  capable  of  a  gradual  development. 
He  would  have  a  regular  and  standing  force  of  twenty-six  hun- 
dred and  thirty-one  men,  to  be  employed  chiefly  in  garrison- 
ing the  frontier  posts.  Light  troops  he  specially  recommended 
as  suited  to  the  genius  of  the  people.  The  people  in  all  the 
states  were  to  be  organized  and  trained  in  ai-ms  as  one  grand 
national  militia.  He  proposed  a  military  academy  like  the 
Prussian  schools,  of  which  ho  had  learned  the  character  from 
Steuben.  Vacancies  in  the  class  of  officers  were  to  be  tilled 
from  its  graduates;  but  promotions  were  not  to  depend  on 
seniority  alone.  For  the  materials  essential  to  war,  there  were 
to  be  not  only  national  arsenals  but  national  manufactories. 
The  protection  of  foreign  commerce  would  require  a  navy. 
All  branches  in  the  service  were  to  look  exclusively  to  con- 
gress for  their  orders  and  their  pay.  A  penniless  treasury, 
which  congress  knew  not  how  to  fill,  made  the  scheme  for  the 
moment  an  ideal  one. 

To  regulate  intercourse  with  the  tribes  of  Indians,  Wash- 
ington laid  down  the  outlines  of  a  system.  Outside  of  the 
limits  of  the  states  no  purchase  of  their  lands  was  to  be  made, 
but  by  the  United  States  as  "  the  sovereign  power."  All  trad- 
ers with  them  were  to  be  under  strict  control.  He  penetrated 
the  sinister  design  of  the  British  govemn  ent  to  hold  the  west- 
ern posts,  and  recommended  friendly  attention  to  the  French 
and  other  settlers  at  Detroit  and  elsewhere  in  the  western  terri- 
tory. Looking  to  "  the  formation  of  new  states,"  he  sketched 
the  boundaries  of  Ohio  and  of  Michigan,  and,  on  his  advice,t 
congress  in  October  resolved  on  appointing  a  committee  to  re- 


*  Journala  of  Congresa,  iv.,  250. 
t  Washington  to  Duane,  1  September  1783. 
nals  of  Congress,  j.,  256-260. 


't    VI 


Si)aik3,  viii.,  477.     Secret  Jour- 


'!  'i 

1 

!'  1 

1 

{  Ml 

i  i     .HI 

1  Ih' 

1 

I    :f 

I  llj 


It 


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I   * 


!  :  < 


104  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.  i. 

port  a  plan  of  a  temporary  government  for  the  western  terri- 
tory whose  inhabitants  were  one  day  to  be  received  into  the 
union  under  republican  constitutions  of  their  own  choice. 
Here  the  greatness  of  the  intention  was  not  impaired  by  the 
public  penury,  for  the  work  was  to  be  executed  by  the  emi- 
grants themselves.  In  anticipation  of  an  acceptable  cession  of 
the  north-western  lands  by  all  the  claimant  states,  officers  and 
soldiers  who  had  a  right  to  bounty  lands  began  to  gain  the 
West  by  way  of  the  lakes  or  across  the  mountains.*  This  was 
the  movement  toward  union  which  nothing  could  repress  or 
weaken.  Especially  Maryland  insisted  that  "  the  sovereignty 
over  the  western  territory  was  vested  in  the  United  States  as 
one  undivided  and  independent  nation."  f 

Among  his  latest  official  acts,  Washington  interceded  with 
congress  on  behalf  of  Kosciuszko,  pleading  for  him  "his  merit 
and  services  from  the  concurrent  testimony  of  all  who  knew 
him ; "  and  congress  accordingly  granted  the  Polish  exile  who 
was  to  become  dear  to  many  nations  the  brevet  commission  of 
brigadier-general. :}: 

The  last  days  of  this  congress  were  cheered  by  the  arrival 
of  Van  Berckel  as  envoy  from  the  Dutch  republic,  the  first 
minister  accredited  to  America  since  the  peace.*  An  escort 
was  sent  out  to  meet  him,  and  on  the  thirty-first  of  October,  in 
a  public  audience,  congress  gave  him  a  national  welcome. 

On  the  first  of  November  the  third  congress  under  the  con- 
federation  came  together  for  the  last  time.  It  made  persistent 
attempts  to  invigorate  the  union ;  declared  the  inviolable  sanc- 
tity of  the  national  debt ;  asked  of  the  states  a  general  revenue ; 
prepared  for  planting  new  states  in  the  continental  domain ; 
and  extended  diplomatic  relations.  Its  demand  c  powers  of 
government  did  not  reach  far  enough,  but  it  kept  alive  the  de- 
sire of  reform.  It  appointed  a  day  of  public  thanksgiving,  that 
"  all  the  people  might  assemble  ro  give  praise  to  their  Supreme 
Benefactor  for  the  freedom,  sovereignty,  and  independence  of 

*  Journals  of  Congress,  iv.,  294-296. 

t  Journals  of  Congress,  iv.,  265.     In  the  original  MS.  the  word  "  one  "  is  twice 
underscored. 

t  Washington  to  Congress,  2  October  1783,    Sparks,  viii.,  487. 
•  an  Berckel  to  the  states  general,  3  November  iTSS.     MS. 


1788. 


THE  LEGACY  OF  WASHINGTON. 


105 


the  United  States;"  and,  as  the  day  came,  the  pulpit  echoed 
the  prayer :  "  May  all  the  states  he  one."  * 

The  principle  of  rotation  drove  Madison  from  the  national 
councils.  He  was  unmarried  and  above  care ;  and,  until  ho 
should  again  be  eligible  to  congress,  he  devoted  himself  to  the 
Btudy  of  federal  government  and  to  public  service  in  the  leg- 
islature of  his  own  state,  where  with  strong  convictions  and 
unselfish  patriotism  he  wrought  with  single-mindedness  to 
bring  about  an  efficient  form  of  republican  government. 
He  was  calm,  wakeful,  and  cautious,  pursuing  with  patience 
his  one  great  object,  never  missing  an  opportunity  to  ad- 
vance it,  caring  not  overmuch  for  conspicuousness  or  fame, 
and  ever  ready  to  efface  himself  if  ho  could  but  accomplish 
his  design. 

On  Sunday,  the  second  of  November,  the  day  before  the 
discharge  of  all  persons  enlisted  for  the  war,  the  commander- 
in-chief  addressed  the  armies  of  the  United  States,  however 
widely  their  members  might  be  dispersed.    Mingling  affection- 
ate thanks  with  praise,  he  described  their  unparalleled  perse- 
verance for  eight  long  years  as  little  short  of  a  standing  mira- 
cle, and  for  their  solace  bade  them  call  to  recollection  the 
astonishing  events  in  which  they  had  taken  part,  the  enlarged 
prospects  of  happiness  which  they  had  assisted  to  open  for  "the 
human  race.     He  encouraged  them  as  citizens  to  renew  their 
old  occupations ;  and,  to  those  hardy  soldiers  who  were  fond  of 
domestic  enjoyment  and  personal  independence,  he  pointed  to 
the  fertile  regions  beyond  the  Alleghanies  as  the  most  happy 
asylum.     In  the  moment  of  parting,  he  held  up  as  an  example 
to  the  country  the  harmony  which  had  prevailed  in  the  camp, 
where  men  from  different  parts  of  the  continent  and  of  the 
most  violent  local  prejudices  instantly  became  but  one  patriotic 
band  of  brothers.    "  Although  the  general,"  these  are  the  words 
of  his  last  order,  "has  so  frequently  given  it  as  his  opinion  in 
the  most  public  and  explicit  manner,  that,  unless  the  principles 
of  the  federal  government  were  properly  supported,  and  the 
powers  of  the  union  increased,  the  honor,  dignity,  and  justice 
of  the  nation  would  be  lost  forever,  yet  he  cannot  help  leaving 
it  as  his  last  injunction  to  every  officer  and  every  soldier  to  add 

*  John  llunaj's  thanksgiving  sermon,  Tyranny's  grove  destroyed,  p.  Yl. 


I  : 
j 

IrMr^:  'i 


.  .1' 


J    M   '    5 


i;  ''u 


i  ! 


I 


1     ;■  i 

i 


100    ON  TUE  WAY  TO  A  FEDERAL  CONVENTION,    b.  ii.  ;  on.  i. 

his  best  endeavors  toward  effecting  these  groat  purposes."* 
"Washington  sent  forth  every  one  of  his  fellow-soldiers  as  an 
apostle  of  union  under  a  new  constitution. 

Almost  all  the  Germans  who  had  been  prisoners  preferred 
to  abide  in  the  United  States,  where  they  soon  became  useful 
citizens.  The  remnant  of  the  British  array  had  crossed  to 
Staten  Island  and  Long  Island  for  embarkation,  when,  on  the 
twenty-fifth  of  November,  Washington  and  the  governor  and 
other  officers  of  the  state  and  city  of  New  York  were  met  at 
the  Bowery  by  Knox  and  citizens,  and  in  orderly  procession 
made  their  glad  progress  into  the  heart  of  the  town.  Kejoic- 
ings  followed.  The  emblem  chosen  to  introduce  the  evening 
display  of  fireworks  was  a  dove  descending  with  the  olive- 
branch. 

For  their  farewell  to  Washington,  the  ofiicers  of  the  army, 
on  the  fourth  of  December,  met  at  a  public-house  near  the 
Battery,  and  were  soon  joined  by  their  commander.  The 
thoughts  of  the  eight  years  which  they  had  passed  together, 
their  common  distresses,  their  victories,  and  now  their  parting 
from  the  public  service,  the  future  of  themselves  and  of  their 
country,  came  thronging  to  every  mind.  No  relation  of  friend- 
ship is  stronger  or  more  tender  than  that  between  men  who 
have  shared  together  the  perils  of  war  in  a  noble  and  upright 
cause.  The  ofiicers  could  attest  that  the  courage  which  is  the 
most  perfect  and  the  most  rare,  the  courage  which  determines 
the  man,  without  the  least  hesitation,  to  hold  his  Hfe  of  less 
account  than  the  success  of  the  cause  for  which  he  contends, 
was  the  habit  of  Washington.  Pledging  them  in  a  glass  of 
wine,  he  thus  addressed  them:  "With  a  heart  full  of  love 
and  gratitude,  I  now  take  leave  of  you.  May  your  latter  days 
be  as  prosperous  and  happy  as  your  former  ones  have  been 
glorious.  I  shall  be  obliged  to  you  if  each  of  you  will  come 
and  take  me  by  the  hand."  With  tears  on  his  cheeks,  he 
grasped  the  hand  of  Knox,  who  stood  nearest,  and  embraced 
him.  In  the  same  manner  he  took  leave  of  every  officer.  Fol- 
lowed by  the  company  in  a  silent  procession,  he  passed  through 
a  corps  of  light  infantry  to  the  ferry  at  Whitehall.     Entering 

*  Farewell  address  to  the  armies  of  the  United  States.     Rocky  Hill,  near 
Princeton,  2  November  178S.    Sparks,  viii.,  495. 


•i       i. 


1 


i    I 


1788. 


TUE  LEGACY  OF  WASHINGTON. 


lor 


his  barge,  ho  waved  his  hat  to  them ;  witli  tho  samo  silence 
they  returned  that  last  voiceless  farewell,  and  the  boat  pushed 
across  the  Hudson.  A  father  parting  from  his  children  could 
not  excite  more  regret  nor  draw  more  tears.* 

On  his  way  through  New  Jersey  tho  chief  was  rjceived 
with  the  tenderest  respect  and  affection  by  all  classes  of  men. 
The  roads  were  covered  with  people  who  came  froin  all  quarl 
ters  to  see  him,  to  get  near  to  him,  to  speak  to  him.  Alone 
and  ready  to  lay  down  in  the  hands  of  congress  the  command 
which  had  been  confided  to  him,  he  appeared  even  greater  than 
when  he  was  at  the  head  of  the  armies  of  the  United  States. 
The  inhabitants  of  Philadelphia  knew  that  ho  was  drawing 
near,  and,  without  other  notice,  an  innumerable  crowd  placed 
themselves  along  the  road  where  he  was  to  pass.  Women,  aged 
men,  left  then-  houses  to  see  him.  Children  passed  among  tho 
horses  to  touch  liis  garments.  Acclamations  of  joy  and  grati- 
tude accompanied  him  in  all  the  streets.  Never  was  hom- 
age more  spontaneous  or  more  pure.  The  general  enjoyed 
the  scene,  and  owned  himself  by  this  moment  repaid  for  eight 
years  of  toils  and  wants  and  tribulations. f 

At  Philadelphia  he  put  into  the  hands  of  the  comptroller 
his  accounts  to  the  thirteenth  of  December  1783,  all  written 
with  minute  exactness  by  his  own  hand,  and  accompanied  by 
vouchers  conveniently  arranged.  Every  debit  against  him  was 
credited ;  but,  as  he  had  not  always  made  an  entry  of  moneys 
of  his  own  expended  in  the  public  service,  he  was,  and  chose 
to  remran,  a  considerable  loser.  To  the  last  he  refused  all 
compensation  and  all  indemnity,  though  his  resources  had  been 
greatly  diminished  by  the  war. 

On  the  twenty-third  of  December,  at  noon,  congress  in 
Annapolis  received  the  commander-in-chief.  Its  members, 
when  seated,  wore  their  hats,  as  a  sign  that  they  represented 
the  sovereignty  of  the  union.  Places  were  assigned  to  tho 
governor,  council,  and  legislature  of  Maryland,  to  general  offi- 
cers, and  to  the  representative  of  France.  Spectators  filled 
the  gallery  and  crowded  upon  the  floor.  Hope  gladdened  all 
as  they  forecast  the  coming  greatness  of  their  land. 

*  Luzerne  to  Vcrgenncs,  13  December  17S3.    MS. 
f  Ibid. 

VOL.  VI.— 9 


<  { liiM 


m 


108   ON  THE  WAY  TO  A  FEDERAL  OONVENTrON.    n.ii.;  oii.i. 

Iliaiug  with  dignity,  Wiwliiiigton  Bpoku  of  the  rectitude  of 
tlio  coinmoTi  cause ;  the  support  of  congress ;  of  his  country- 
men ;  of  Providence  ;  and  ho  eoinniended  the  interests  of  "our 
dearest  country  to  the  care  of  Ahnighty  (iod."'  Then  sayiiK* 
that  he  had  fhiished  the  work  assigned  him  to  do,  he  bade  an 
affectionate  faiewell  to  the  august  body  under  whose  orders  ho 
had  80  long  acted,  resigned  with  satisfaction  the  commission 
which  lie  had  accepted  with  diflidenco,  and  took  leave  of  ])ublio 
life.  His  emotion  v/as  so  great  that,  as  ho  advanced  and  de- 
livered up  his  commission,  ho  seemed  unable  to  have  uttered 
more. 

Tlie  hand  that  wrote  the  declaration  of  independence  pre- 
pared the  words  which,  in  the  name  of  congress,  its  president, 
turning  pale  from  excess  of  feeling,  then  addressed  to  Wash- 
ington, who  stood,  tilling  and  connnanding  every  eye : 

"  Sir :  The  United  States  in  congress  assembled  rcccivo 
with  emotions  too  affecting  for  utterance  the  solenni  resigna- 
tion of  the  authorities  under  which  you  have  led  their  troops 
with  success  through  a  perilous  and  a  doubtful  war.     Called 
upon  by  your  country  to  defend  its  invaded  rights,  you  accept- 
ed the  sacred  charge  before  it  had  formed  alliances,  and  whilst 
it  was  without  funds  or  a  government  to  support  you.     You 
have  conducted  the  great  military  contest  with  wisdom  and  forti- 
tude, invariably  regarding  the  rights  of  the  civil  power  through 
all  disasters  and  changes.   You  have  persevered  till  these  United 
States,  aided  by  a  magnanimous  king  and  nation,  have  been  ena- 
bled under  a  just  Providence  to  close  the  war  in  freedom,  safe- 
ty, and  independence.     Having  taught  a  lesson  useful  to  those 
who  inflict  and  to  those  who  feel  oppression,  with  the  blessings 
of  your  fellow-citizens,  you  retire  from  the  great  theatre  of 
action ;  but  the  glory  of  your  virtues  will  continue  to  animate 
remotest  ages.     Wo  join  you  in  commending  the  interests  of 
our  dearest  country  to  the  protection  of  Almighty  God,  be- 
seeching him  to  dispose  the  hearts  and  minds  of  its  citizens  to 
improve  the  opportunity  afforded  them  of  becoming  a  happy 
and  respectable  nation." 

No  more  pleasing  words  could  have  reached  Washington 
than  those  which  pledged  congress  to  the  reform  of  the  na- 
tional government.     The  allusion  to  the  alliance  with  France 


THE  LEGACY  OF  WASHINGTON. 


1783.  ..„     

100 

wa.  rigl.t,  for  otl>emifio  tho  aclucvcmont  of  indencndcnco 
jvould  seen  to  have  been  attributed  to  the  United  States  alono. 
But  Prance  and  Kngland  were  now  at  peace;  and  after  tbeir 
reconc.  mt.on  \V..hington,  tbe  happiest'of  w:rriorB,  as  he  u" 
g.r(lod  tho  sword,  would  not  recall  that  they  had  been  at  war. 
for  Tr"    !T""  "^  *''"  "^'^  ^''""^  «^«'''  ^^^^"I'ington  Bet  out 

ne.r?v  n"  "]'  '"^  '"  ^^'"^^'""  ^^^'  "^^^  -  -'>«-co  o 

nearly  n  no  years,  he  crossed  tho  threshold  of  his  own  homo- 
m^not  to  M  rest  there,  for  the  doom  of  greatness  was  upon' 


s 

1    •)' 


Hi 


I '  ,i- 


,  .1  •■  ■ 


I 


110    ON  THE  WAY  TO  A  FEDERAL  OONVENTIOK   b.  ir. ;  on.  ii. 


[it  : 


CHAPTER  II. 

VTRGINIA   STATESMEN  LEAD   TOWARD  A   BETTER   UNION. 

1784. 

Of  many  causes  promoting  union,  four  above  others  exer- 
cised a  steady  and  commanding  influence.  The  new  republic 
as  one  nation  must  have  power  to  regulate  its  foreign  com- 
merce ;  to  colonize  its  large  domain ;  to  provide  an  adequate 
revenue ;  and  to  establish  justice  in  domestic  trade  by  prohlb- 
iting  the  separate  states  from  impairing  the  obligation  of  con- 
tracts. Each  of  these  four  causes  was  of  -ital  importance; 
but  the  necessity  for  regulating  commerce  gave  the  immediate 
impulse  to  a  more  perfect  constitution.  Happily,  the  British 
order  in  council  of  the  second  of  July  1783  restricted  to  Brit- 
ish subjects  and  ships  the  carrying  of  American  produce  from 
American  ports  to  any  British  West  India  island,  and  the  car- 
rying of  the  produce  of  tliose  islands  to  any  port  in  America. 
"  This  proclamation,"  wrote  John  Adams  to  Secretary  Living- 
ston, "  is  issued  in  full  confidence  that  the  United  States  can- 
not agree  to  act  as  one  nation.  They  will  soon  see  the  neces- 
sity of  measures  to  counteract  their  enemies.  If  there  's  not 
sufficient  authority  to  draw  together  the  minds,  affections,  and 
forces  of  tlie  states  in  their  common  foreign  concerns,  we  shall 
be  the  sport  of  transatlantic  politicians,  Avho  hate  liberty  and 
every  country  that  enjoys  it."  * 

Letters  of  Adams  and  one  of  like  tenor  from  Franklin 
having  been  fully  considered,  congress,  on  the  twenty-ninth 
of  September  1783,  agreed  that  the  United  States  could  become 
respectable  only  by  more  energy  in  government ;  but,  as  usual, 

*  Diplomatic  Correspondence,  vii.,  81, 100. 


:r84. 


TOWAHD  A  BETTER  UNION. 


HI 

they  only  referred  "  the  important  subject  under  deliberation  " 
to  a  special  committee  *  which,  having  Arthur  Lee  for  le 
of  .t3  members,  in  due  time  reported  that  "as  the  sove^ 
s  ates  are  sovereign  and  independent,  and  possess  the  powlr  rf 
ac  mg  as  may  to  them  seem  best,  congress  will  not  atteZ  Z 
pomt  ou  the  path.  The  mode  for  jdnt  efforts  XZgc^ 
Itself  to  the  good  sense  of  America."  f  ^® 

The  states  could  not  successfully  defend  themselves  against 
the  pohcy  of  Great  Britain  by  separate  legislation,  beZf^ 

Tse,:  from  thlT  b"'  ""' T  f  *^'"  '°  oxclideTIis 
vessels  from  their  harbors  unless  the  like  measure  should  be 

ers  w:lld'en7'  f ",'  """  ' '"""'  "'  "''''^-  distinct  pot! 
.  ers  would  encounter  the  very  difHcnlty  which  had  so  often 

proved  msuperable.    But,  while  every  [ncrease  o  1h    pt^^ 

sttesSZfT'-"  "t'"  '"""'*  i''^"^"-  between  The 
states,  the  selfish  design  of  a  foreign  government  to  repress 

tW  mdustry  drew  them  together  against  a  common  Xe^ 

th.  l^-  T^'"'  "°'™''  °*  *''"  ^"^"rth-west  and  the  grant  of 
the  desired  impost  were  the  ofiPerings  of  Virginia  to  the  J„ 
enil  welfare,  i    Simultaneously  her"  egislatur^Tn  1  fl'^th' 

lf:rt:'  t^^^^-"---  f  «-  ^gg^-ions  on  e,ual  of 
merce.    The  V.rgini.ins  o^vned  not  much  shippine  and  had 
no  special  interest  in  the  West  India  trade;  buf  tf;  Britl^ 
prohibitory  policy  offended  their  pride  and  their  sense  of 
honor  and  as  in  the  war  they  had  looked  upon  "  union  i  the 
roek  of  their  political  salvation,"  so  theyagain  "nmg  the  beU" 
to  call    he  other  states  to  council.    They  complaiLd  of  "a 
disposition  in  Great  Britain  to  gain  partial Lanta^MnWious 
to  the  rights  of  free  ,x,mmerce  and  repugnant  to  the  prindZ 
of  reciprocal  interest  and  convenience  which  form  UeZlv 
permanent  foundation  of  friendly  intercourse ;"  Tndo„  the 
ninth  unanimously  consented  to  empower  congrerto  Lont 
the  mosteffectual  mode  ofcounteractingrestricSron  AmeS 
ean  navigation  so  long  as  they  should  be  continued.*    The 

*  Secret  Journals  of  Congrosg,  Hi.,  398-400 

I  W  ?T°^  "O'^^ittecs  on  incrcasinR  the  powers  of  congress,  p.  95  Ma 
t  Joseph  Jones  to  Jcffor.son,  ?1  a"H  oo  n^^^mb-  1—  ""  '  P"  *"*•  •^'*- 
«  Journal  of  House  of  Delcsates,  50 ;  ITening,  xCsis"" 


.■    M 


r        i  ■ 
i 

!              1            ' 
) 

■1 

I 

•  I  ■ 


m. 


11 


}      I 


112    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.  ii.  ;  oh.  ii. 

governor,  by  direction,  communicated  the  act  to  the  executive 
authority  of  the  other  states,  requesting  their  immediate  adop- 
tion of  similar  measures ; "  *  and  he  sent  to  the  delegates  of 
his  own  state  in  congress  a  report  of  what  had  been  done. 
This  is  the  first  in  tlie  series  of  measures  through  which  Vir- 
ginia marshalled  the  United  States  on  their  way  to  a  better 
union. 

In  the  fourth  congress  Jefferson  carried  forward  the  work 
of  Madison  with  alacrity.  The  two  cherished  for  each  other 
the  closest  and  the  most  honorable  friendship,  agreeing  in 
efforts  to  bind  the  states  more  closely  in  all  that  related  to  the 
common  welfare.  In  their  copious  correspondence  they  opened 
their  minds  to  each  other  with  frankness  and  independence. 

The  delegates  of  Ehode  Island  insisted  that  the  counterac- 
tion  of  the  British  navigation  acts  must  be  intrusted  to  each 
separate  state;  but  they  stood  alone,  lloger  Sherman  voting 
against  them,  and  so  dividing  Connecticut.  Then  the  proposal 
of  the  committee  of  which  Jefferson  was  a  member  and  of 
which  all  but  Gerry  were  from  the  South,  tliat  congress,  with 
the  assent  of  nine  states,  might  exercise  prohibitory  powers 
over  foreign  commerce  for  the  term  of  fifteen  years,  was 
adopted  without  opposition.! 

Keeping  in  mind  th?t,  wliile  the  articles  of  confederation 
did  not  directly  confer  on  congress  the  regulation  of  commerce 
by  enactments,  they  granted  the  amplest  authority  to  frame 
commercial  treaties,  Jefferson  prepared  a  plan  for  intercourse 
with  powers  of  Europe  from  Britain  to  the  Ottoman  Porte, 
and  with  the  Barbary  states.  His  draft  of  instructions  ^  de- 
scribed "  the  United  States  as  one  nation  upon  the  principles 
of  the  federal  constitution."  #  In  a  document  of  the  preceding 
congress  mention  had  been  made  of  "the  federal  govern- 
ment," and  Ehode  Island  had  forthwith  moved  to  substitute 
the  word  union,  conceding  that  there  was  a  union  of  the  states, 
but  not  a  government ;  but  the  motion  had  been  supported  by 


*  Journal  of  Ilouacof  Delegates  for  22  December  1Y83. 
to  the  governor  of  Massachusetts,  25  December  1783.     MS. 

f  Journals  of  Congress,  iv,,  392,  393. 

X  Jefferson  to  John  Q.  Adams,  30  March  1826.     Jefferson,  vii,,  436, 

*  Secret  Journals  of  Congress,  iii.,  4C3, 


Govcnior  Harrison 


1784. 


't 


I 


TOWARD  A  BETTER  UNION. 


113 

no  other  state,  and  by  no  individuals  outside  of  Rhode  Island 
except  Holten  and  Arthur  Lee.  This  time  Shennan  and  his 
colleague,  James  Wadsvvorth,  placed  Connecticut  by  the  side 
of  Rhode  Island.  They  were  joined  only  by  Arthur  Lee 
and  congress,  on  the  twenty-sixtJi  of  March,  adopting  the 
words  ol  Jefferson,  by  the  vote  of  eight  states  to  two,  of  nine- 
teen mdividuals  to  five,  decided  that  in  treaties  and  all  cases 
ajising  under  them  the  United  States  form  "one  nation  "  * 

On  the  pnnciples  according  to  which  commercial  treaties 
should  be  framed  America  was  unanimous.     In  October  1783 
congress  had  proposed  the  most  perfect  equality  and  reciproci- 
ty, t    Jefferson,  while  he  would  accept  a  system  of  reciproci- 
ty, reported  a^  the  choice  of  America  that  there  should  be 
no  navigation  laws;  no  distinction  between  metropolitan  and 
colonial  ports;  an  equal  right  for  each  party  to  carry  its  own 
products  m  its  own  ships  into  all  ports  of  the  other  and  to 
take  away  its  products,  freely  if  possible,  if  not,  paying  no 
other  duties  than  are  paid  by  the  most  favored  nation     In 
time  of  war  there  should  be  an  abandonment  of  privateeiinff  • 
the  least  possible  interference  with  industry  on  land  •  the  in' 
violabihty  of  fishermen ;  the  strictest  limitation  of  contraband  • 
free  commerce  between  neutrals  and  belligerents  in  articles  not 
contraband;  no  paper  blockades;  in  short,  free  trade  and  a 
humane  international  code.     These  instructions  cono-ress  ac- 
cepted, and,  to  give  them  effect,  Adams,  Franklin,  and  Jeffer- 
son were,  on  the  seventh  of  May,  commissioned  for  two  years 
with  the  consent  of  any  two  of  them,  to  negotiate  treaties  of 
ten  or  fifteen  years'  duration.  :j: 

The  foreign  commercial  system  of  the  nation  was  to  be 
blended  with  the  domestic  intercourso  of  the  states.  High- 
ways by  water  and  land  from  Virginia  to  the  West  would  ad- 
vance its  welfare  and  strengthen  the  union.  Jefferson  opened 
the  subject  to  Madison,*  who,  in  reply,  explained  tlie  necessity 
of  a  mutual  appointment  of  commissioners  by  Maryland  and 
V  irginia  for  regulating  the  navigation  of  the  Potomac.     "  Tha 

*  Secret  Journals  of  Congress  for  26  March  1784,  iil.,  462-464. 
t  Secret  Journals  of  Congress,  lii.,  412  413. 

t  Secret  Journals  of  Congress,  iii.,  484,'  485,"  and  491-499. 

•  Jefrcrson  to  Madison,  Annapolis,  20  l-ebruary  1784. 


ill 


i 


114   Olf  TDE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  oH.n. 

good  humor  into  which  the  cession  of  the  back  lands  must 
have  put  Maryland  forms  an  apt  crisis  for  negotiations."  * 

In  March  1784  Jefferson  cautiously  introduced  the  subject 
to  Washington,!  and  then  wrote  more  urgently :  "  Your  fu- 
ture time  and  wishes  are  f  acred  in  my  eye ;  but,  if  the  super- 
intendence of  this  work  would  be  only  a  dignified  amusement 
to  you,  what  a  monument  of  your  retirement  would  follow  that 
of  your  public  life ! "  ^ 

Washington  "  was  very  happy  that  a  man  of  discernment 
and  hberality  like  Jefferson  thought  as  he  did."  More  than 
ten  years  before  he  had  been  a  principal  mover  of  a  bill  for 
the  extension  of  navigation  from  tide-water  to  Will's  creek. 
"To  get  the  business  in  motion,"  he  writes,  "I  was  obliged  to 
comprehend  James  river.  The  plan  was  in  a  tolerably  good 
train  when  I  set  out  for  Cambridge  in  1775,  and  would  have 
been  in  an  excellent  way  had  it  not  met  with  difficulties  in  the 
Maryland  assembly.  Not  a  moment  ought  to  be  lost  in  recom- 
mencing this  business."  * 

He  too,  like  Madison,  advised  concert  with  the  men  of 
Maryland.  Conforming  to  their  advice,  Jefferson  conferred 
with  Thomas  Stone,  then  one  of  the  Maryland  delegates  in 
congress,  and  undertook  by  letters  to  originate  the  subject  in 
the  legislature  of  Virginia.  | 

Before  the  end  of  June  the  two  houses  unanimously  re- 
quested the  executive  to  procure  a  statue  of  Washington,  to  be 
of  the  finest  marble  and  best  worlonanship,  with  this  inscrip- 
tion on  its  pedestal : 

"  The  general  assembly  of  the  commonwealth  of  Virginia 
have  caused  this  statue  to  be  erected  as  a  monument  of  affection 
and  gratitude  to  George  Washington,  who,  to  the  endowments 
of  the  hero  uniting  the  virtues  of  the  patriot,  and  exerting 
both  in  establishing  the  liberties  of  his  country,  has  rendered 
his  name  dear  to  his  fellow-citizens,  and  given  the  world  an 
immortal  example  of  tnie  glory."  ^ 

*  Madison  to  Jefferson,  16  March  1784.     Madison,  i.,  14. 

f  Jefferson  to  Washington,  6  March  1784. 

X  Jefferson  to  Washingrton,  15  March  1784.     Letters  to  W.,  iv.,  62-66. 

«  Washington  to  Jeflforson,  29  Slarch  1784.     Sparks,  ix.,  31,  32. 

D  Joffcrson  to  Madison,  25  April  1784.    Partly  printed  in  Rivea,  i.,  550. 

^  Heninsr,  si,.  552. 


1784. 


TOWARD  A  BETTER  UNION. 


115 

The  vote  emanating  from  the  affections  of  the  people  of 
Virginia,  marks  his  mastery  over  the  heart  of  his  native  state 
That  mastery  he  always  used  to  promote  the  formation  of 
a  national  constitution.  He  had  hardly  reached  home  from 
the  jar  when  he  poured  out  his  inmost  thoughts  to  Harrison, 
the  doubting  governor  of  his  commonwealth : 

"The  prospect  before  us  is  fair;  I  believe  all  thin-s  will 
come  right  at  last ;  but  the  disinclination  of  the  states  to  yield 
competent  powers  to  congress  for  the  federal  government  ^vill, 
If  there  is  not  a  change  in  the  system,  be  our  downfall  a.  a 
nation.     This  is  as  clear  to  me  as  A,  B,  C.     We  have  arrived 
at  peace  and  independency  to  very  little  purpose,  if  we  cannot 
conquer  our  own  prejudices.     The  powers  of  Europe  begin  to 
see  this,  and  our  newly  acquired  friends,  the  British,  are  al- 
ready and  professedly  acting  upon  this  ground ;  and  wisely  too, 
If  we  are  determined  to  persevere  in  our  folly.     They  know  that 
mdividual  opposition  to  their  measures  is  futile,  and  boast  that 
we  are  not  sufficiently  united  as  a  nation  to  give  a  general  one. 
Is  not  the  indignity  of  this  declaration,  in  the  very  act  of  peace- 
making  and  conciliation,  sufficient  to  stimulate  us  to  vest  ade- 
quate  powers  in  the  sovereign  of  these  United  States? 

"  An  extension  of  federal  powers  would  make  us  one  of  the 
most  wealthy  happy,  respectable  and  powerful  nations  that 
ever  inhabited  the  terrestrial  globe.  Without  them,  we  shall 
soon  be  everything  which  is  the  direct  reverse.  I  predict  the 
worst  consequences  from  a  half-starved,  limping  government, 
always  moving  upon  crutches  and  tottering  at  every  step  "  * 

The  immensity  of  the  ungranted  public  domain  which  had 
passed  from  the  English  crown  to  the  American  people  invited 
them  to  estabhsh  a  continental  empire  of  republics  Lines  of 
communication  with  the  western  country  implied  its  coloniza- 
tion.  In  the  ^yar,  Jefferson,  as  a  member  of  the  legislature, 
had  promoted  the  expedition  by  which  Virginia  conquered  the 
region  nortli-west  of  the  Ohio ;  as  governor  he  had  taken  part 
m  It.  cession  to  the  United  States.  The  cession  had  included 
he  demand  of  a  guarantee  to  Virginia  of  the  remainder  of  its 
temtory.  This  the  United  States  had  refused,  and  Virginia 
receded  from  the  demand.     On  tlie  first  day  of  March.  1784, 

*  Washingtoa  to  Harrison,  18  January  1784.    Sparks,  ix.,  12  and  13. 


ON  THE  WAY  TO  A  FEDERAL  CONVENTION. 


JeHen 


Ills 


congress,  with  liis  colleagues,  Hardy,  Arthur  Leo, 
and  James  Monroe,  in  conformity  with  full  powers  from  their 
commonwealth,  signed,  sealed,  and  delivered  a  deed  by  which, 
with  some  reservation  of  land,  they  ceded  to  the  United  States 
all  claim  to  the  territory  north-west  of  the  Ohio.  On  that  same 
day,  before  the  deed  could  be  recorded  and  enrolled  among  the 
acts  of  the  United  States,  Jefferson,  a^^  '^^sairman  of  a  commit- 
tee, presented  a  plan  for  the  tempo, •;•'/  government  of  the 
western  territory  from  the  southern  boundary  of  the  United 
States  in  the  latitude  of  thirty-one  degrees  to  the  Lake  of  the 
AVoods.  It  is  still  preserved  in  tlie  national  archives  in  his 
own  handwriting,  and  is  as  completely  his  own  work  as  the 
declaration  of  independence. 

He  pressed  upon  Virginia  to  establish  the  meridian  of  the 
mouth  of  the  Kanawha  as  its  western  boundary,  and  to  cede 
all  beyond  to  the  United  States.  To  Madison  he  wrote :  "  For 
God's  sake,  push  this  at  the  next  session  of  assembly.  "VVe  hope 
North  Carolina  Avill  cede  all  beyond  the  same  meridian,"  *  his 
object  being  to  obtain  cessions  to  the  United  States  of  all 
southern  territory  west  of  the  meridian  of  the  Kanawha. 

In  dividing  all  the  country  north-west  of  the  Ohio  into  ten 
states,  Jefferson  was  controlled  by  an  act  of  congress  of  1780 
which  was  incorporated  into  the  cession  of  Virginia.  No  land 
was  to  be  taken  up  till  it  should  have  been  purchased  from  the 
Indian  proprietors  and  offered  for  sale  by  the  United  States. 
In  each  incipient  state  no  property  qualification  was  required 
eitlier  of  the  electors  or  the  elected ;  it  was  enough  for  them  to 
be  free  men,  resident,  and  of  full  age.  Under  the  authority  of 
congress,  and  following  the  precedent  of  any  one  of  the  states, 
the  settlers  were  to  establish  a  temporary  government ;  when 
they  should  have  increased  to  twenty  thousand,  they  might  in- 
stitute a  permanent  government,  with  a  member  in  congress, 
having  a  right  to  debate  but  not  to  vote  ;  and,  when  they  should 
be  equal  in  number  to  the  inhabitants  of  the  least  populous 
state,  their  delegates,  with  the  consent  of  nine  states,  as  re- 
quired by  the  confederation,  were  to  be  admitted  into  the  con- 
gress of  the  United  States  on  an  equal  footing. 

The  ordinance  contained  five  other  articles :  The  new  states 

*  Joffcrson  to  ^ladisou,  20  February  17S4. 


li 


«   I 


1784. 


TOWARD  A  BETTER  UNION. 


iir 


sball  remain  forever  a  part  of  the  United  States  of  America- 
.  they  slmll  bear  tlie  same  relation  to  tlio  confederation  as  the' 
original  states;  they  shall  pay  their  apportionment  of  the  fed- 
eral debts ;  they  shall  in  their  governments  uphold  republican 
forms ;  and  after  the  year  1800  of  the  Christian  era  there  shaU 
be  neither  slavery  nor  involuntary  servitude  in  any  of  them 

At  that  time  slavery  prevailed  throughout  much  more  than 
half  the  lands  of  Europe.  Jefferson,  following  an  impulse  from 
his  own  mind,  designed  by  his  ordinance  to  establish  from  end 
to  end  of  the  whole  country  a  north  and  south  line,  at  which 
the  westward  extension  of  slavery  should  be  stayed  by  an  im- 
passable bound.  Of  the  men  held  in  bondage  beyond  that  line 
he  did  not  propose  the  instant  emancipation ;  but  slavery  was 
to  be  rung  out  with  the  departing  century,  so  that  in  all  the 
western  territory,  whether  held  in  1784  by  Georgia,  North 
Cai-olina,  Virginia,  or  the  United  States,  the  sun  of  the  new 
century  might  dawn  on  no  slave. 

To  make  the  decree  irrevocable,  he  further  proposed  that 
all  the  articles  should  form  a  charter  of  compact,  to  be  executed 
m  congress  under  the  seal  of  the  United  States,  and  to  stand 
as  fundamental  constitutions  between  the  thirteen  original 
states  and  the  new  states  to  be  erected  under  the  ordinance. 

The  design  of  Jefferson  marks  an  era  in  the  history  of  uni- 
versal freedom.  For  the  moment  more  was  attempted  than 
could  be  accomplished.  North  Carolina,  in  the  following  June, 
made  a  cession  of  all  her  western  lands,  but  soon  revoked  it  • 
and  Virginia  did  not  release  Kentucky  till  it  became  a  state  of 
the  union.  Moreover,  the  sixteen  years  during  which  slavery 
was  to  have  a  respite  might  nurse  it  into  such  strength  that  at 
their  end  it  would  be  able  to  defy  or  reverse  the  ordinance. 

Exactly  on  the  ninth  anniversary  of  the  liglit  at  Concord 
and  Lexington,  Richard  Dobbs  Spaight  of  North  Carolina, 
seconded  by  Jacob  Eeadof  South  Carolina,  moved  "to  strike 
out"  the  tifth  article.  The  presiding  officer,  following  the 
rule  of  the  time,  put  the  question :  "  Shall  the  words  stand  ? " 
Seven  states,  and  seven  only,  were  needed  to  carry  the  affirm- 
ative. Let  Jefferson,  who  did  not  refrain  from  describing 
Spaight  as  "  a  young  fool,"  relate  what  followed.  "  The  clause 
was  lust  by  an  individual  vote  only.     Ten  states  were  present. 


■  II  \ni 


III 


't' 


f  ! 


*      ! 


lis    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.n. 

Tlio  four  eastern  states,  Now  York,  and  Pennsylvania  were  for 
the  clause ;  Jersey  would  have  been  for  it,  but  there  were  but 
two  members,  one  of  whom  was  sick  in  his  chambers.  South 
Carolhia,  !^^a^yland,  and  J  Virginia  J  voted  against  it.  North 
Carolina  was  divided,  as  would  have  been  Virginia,  had  not 
one  of  its  delegates  been  sick  in  bed."  *  The  absent  Virginian 
was  Monroe,  who  for  himself  has  left  no  evidence  of  Buch  an 
intention,  and  who  was  again  absent  when  in  the  following 
year  the  question  was  revived.  For  North  Carolina,  the  vote 
of  Spaight  was  neutralized  by  "Williamson. 

Six  states  against  three,  sixteen  men  against  seven,  pro- 
scribed slavery.  Jefferson  bore  witness  against  it  all  his  life 
long.  Wythe  and  himself,  as  commissioners  to  codify  the  laws 
of  Virginia,  had  provided  for  gradual  emancipation.  When, 
in  1785,  the  legislature  refused  to  consider  the  proposal,  Jeffer- 
son wrote :  "  We  must  hope  that  an  overruling  Providence  is 
preparing  the  deliverance  of  these  our  suffering  brethren."  f 
In  lYSG,  narrating  the  loss  of  the  clause  against  slavery  in  the 
ordinance  of  1784,  he  said :  "  The  voice  of  a  single  individual 
would  have  prevented  this  abominable  crime  ;  heaven  will  not 
always  be  silent ;  the  friends  to  the  rights  of  human  nature  will 
in  the  end  prevail."  ^ 

To  friends  who  visited  him  in  the  last  period  of  his  life 
he  delighted  to  renew  these  aspirations  of  his  earlier  years.* 
In  a  letter  written  just  forty-five  days  before  his  death  he 
refers  to  the  ordinance  of  1784,  saying:  "My  sentiments  have 
been  forty  years  before  the  public ;  although  I  shall  not  live 
to  see  them  consummated,  they  will  not  die  with  me ;  but, 
living  or  dying,  they  will  ever  be  in  my  most  fervent  prayer."  | 
On  the  twenty-third  of  April  the  ordinance  for  the  govern- 
ment of  the  north-western  territory,  shorn  of  its  proscription 
of  slavery,  was  adopted,  and  remained  in  force  for  three  years. 
On  the  7th  of  May,  Jefferson  reported  an  ordinance  for  ascer- 
taining the  mode  of  locating  and  disposing  of  the  public  lands. 
The  continental  domain,  when  purchased  of  the  Indians,  was 

*  Jefferson  to  Madison,  25  April  17S4. 

t  JcfTcrson,  ix.,  279.  |  Ibid.,  270. 

*  Oral  communication  from  William  Campbell  Preston  of  South  Carolina, 
I  Jefferson  to  James  Heaton,  20  May  1826. 


1784. 


TOWARD  A  BETTER   UNION. 


119 


to  be  divided  by  the  surveyoi-s  into  townsliips  of  ten  geograplii- 
cal  miles  square,  the  townships  into  hundreds  of  one  milo 
squPi-e,  and  with  such  precautions  that  the  wilderness  could  bo 
mapped  out  into  ranges  of  lots  so  exactly  as  to  preclude  uncer- 
tamty  of  title.  As  to  inheritance,  the  words  of  the  ordinance 
were :  "  The  lands  therein  shall  pass  in  descent  and  dower  ac- 
cording to  the  customs  known  in  the  connnon  law  by  the  name 
of  gavelkind."  *  Upon  this  ordinance  of  Jefferson,  most 
thoughtfully  prepared  and  written  wholly  by  his  own  hand,  no 
linal  vote  was  taken. 

Congress  had  ah-eady  decided  to  establish  a  mint.    For  the 
American  coinage,  Eobert  and  Gouvenieur  Morris  proposed 
the  decimal  system  of  computation,  witii  silver  aa  the  only 
metallic  money,  and  the  fourteen  hundred  and  fortieth  part  of 
a  Spanish  piece  of  eight  reals,  or,  as  the  Americana  called  it, 
the  dollar,  as  the  unit  of  tlie  currency.     Jefferson  chose  the 
dollar,  which  circulated  freely  in  every  part  of  the  American 
continent,  as  the  money  unit  for  computation ;  and  tlie  sub- 
division  of  the  dollar  into  a  tenth,  a  hundredth,  and  a  thou- 
sandth  part.     For  coinage,  he  proposed  a  gold  coin  of  ten  dol- 
lars ;  silver  coins  of  one  dollar  and  of  one  tenth  of  a  dollar ;  and 
copper  coins  of  one  hundredth  part  of  a  d  jllar.  f    This  system 
steadily  grew  in  favor;  and,  in  1786,  was  established  by  con- 
gress without  a  negative  vote,  ij: 

The  total  cost  of  the  war,  from  the  first  blood  shed  at  Lex- 
ington to  the  general  orders  of  Washington  in  April  1783, 
proclaiming  peace,  was  reckoned  by  Jefferson  #  at  one  hundred 
and  forty  millions  of  dollars.  Congress,  before  the  formation 
of  the  confederacy,  had  emitted  paper  money  to  the  amount  of 
two  hundred  millions  of  dollars,  which  at  the  time  of  its  emis- 
sion might,  as  he  thought,  have  had  the  value  of  thirty-six 
millions  of  silver  dollars ;  the  value  of  the  masses  of  paper 
emitted  by  the  several  states  at  various  stages  of  the  war  he 
estimated  at  thirty-six  millions  more.  This  estimate  of  the 
values  of  the  paper  money  rests  in  part  upon  conjecture,  and 

*  Papers  of  Old  Consress,  xxx.,  59.   JIS, 

t  Jefferson,  i.,  64.    Notes  on  the  establishment  of  a  money  unit  and  of  a  coin. 


age  for  the  United  States.    Ibid.,  162-1'74. 

t  Journals  of  Congress,  iv.,  876,  for  8  August  1786, 


ill 


'Hi  I 


\i 


*  Jefferson,  ix.,  260. 


n  > 


mil 


!  1 


■  lv! 


120    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  n.ii.;  on.n. 

tho  materials  for  correcting  it  with  accuracy,  especially  as  it  re- 
gards the  issues  of  tlie  states,  are  wanting.    The  remaining  cost 
of  the  war,  or  sixty-eight  millions  of  doHars,  with  the  exception 
of  about  one  and  a  half  million  paid  on  reqnisition  by  the  sev- 
eral states,  existed  on  tho  first  of  January  1784,  in  tlie  form  of 
debts  in  Europe  to  the  amount  of  nearly  eight  millions  of  dol- 
lars ;  of  debts  due  to  tho  several  classes  of  domestic  creditors  ; 
and  of  debts  due  to  states  for  advances  on  the  common  account. 
The  value  of  the  paper  money  issued  by  congress  had  i)erished 
as  it  passed  from  hand  to  hand,  and  its  circulation  had  ceased. 
lu  preparing  the  appropriations  for  the  coming  year,  con- 
gTcss  was  met  at  the  threshold  by  an  unforeseen  difficulty. 
Dills  of  Morris  on  Holland,  that  were  protested  for  non-accept- 
ance, would  amount,  with  damages  on  protest  for  non-accept- 
ance, to  six  hundred  and  thirty-six  thousand  dollars.     To  save 
the  honor  of  the  country,  this  sum  was  demanded  of  the  sepa- 
rate states  in  a  circular  letter  dra^vn  by  Jeffei-son.     l>ut,  mean- 
time, John  Adams,  in  Amsterdam,  manfully  struggled  to  meet 
the  drafts,  and,  by  combining  the  allurement  of  a  lottery  with 
that  of  a  very  profitable  loan,  he  succeeded. 

The  court  of  France,  with  delicacy  and  generosity,  of  its  own 
motion  released  the  United  States  from  the  payment  of  interest 
on  their  obligations  during  the  war  and  for  the  first  period  of 
peace ;  and  they  on  their  part  by  formal  treaty  bound  them- 
selves to  the  payment  of  interest  as  it  should  accrue  from  the 
beginning  of  the  year  1784. 

For  that  year  the  sum  required  for  the  several  branches  of 
the  public  service  was  estimated  at  about  four  hundred  and 
fifty  thousand  dollars  ;  for  the  interest  on  the  foreign  debt, 
neariy  four  hundred  thousand  dollars ;  the  balance  of  interest 
and  the  interest  on  the  domestic  debt,  about  six  hundred  and 
eighty  thousand  dollars ;  the  deficit  of  the  last  two  years,  one 
million;  other  arrears  connected  with  the  debt,  nearly  one 
million  three  hundred  thousand  dollars  :  in  all,  about  four  mill- 
ions. This  was  a  greater  sum  than  could  be  asked  for.  In- 
stead of  mating  new  requisitions,  Jefferson  credited  all  federal 
payments  of  tho  states  to  the  requisition  of  eight  millions  of 
dollars  in  the  first  year  of  the  confederacy.  One  half  of  that 
requisition  was  remitted ;  of  the  other,  three  states  hail  paid 


<  I 


■J  ?l 


1784. 


TOWARD  A  BETTER   UNION, 
notliing,  tho  rest  had  paid  less  than  a  million 


121 


and  a  half 


a 


mndrcd 


balance 

fi.^.        1    ,  1, "'  "ciiiij.  iwo  millions  seven 

thousand  dollars;  and  of  this  balance  a  requisition  las  m„H. 
on  each  of  the  states  for  its  fust  proportion      Tl  T 

jnt  if  collected  within  Jy...i:XZr:^:^:2 

tere^t     n  ttiTo      "^^  ""' ^'^  ^^"^^^  ^^ -"*  and  tC  ^ 
terest  on  the  foreign  and  domestic  loans,  leavin-  only  some 
part  of  domestic  arrears  to  be  provided  for  af"n  l!       T 
Could  this  system  be  carried   in^  cS/    e  ci^dfof  ^^^ 
government  would  be  established  *^® 

Madison  had  acceded  to  tho  wishes  of  his  countv  that  h. 

■ng  the  lead  m  the  rescue  of  tl.e  union  and  fhT^,     ■ 
Staked  on  union  from  an  impending  caastrorf.e*     T  ^'"^ 
had  kept  I,i.  thorougid,  infoLed  of  S  :t It  foS 
mg  order  into  the  public  fimnoos       Af    ,    T^ V    "^' 
Madi,on,  P„i„p  Mai'.ei,  lmZ,U.t:t^:T:''J 
sular  appomtment  in  Europe,t  paid  a  visit  to  Patick  Henrv" 
ho  gro^t  leader  wl,„  I.ad  been  violently  opp«d    o  e™^ 
Kleaof  increasmg  the  power  of  congress."  J    On  his  rctu  J 
Mazze.  reported  that  tho  present  politics  of  11™™™' 
hendod  v-ery  friendly  views  toward  tho  confedcrlev    and  ," 
support  of  the  payment  of  British  debts  «  ''™'"*™'^^'  '""^  » 

blylfeelTto'  ''"."'^^°".*o"*  «f  Mv>  before  tho  assom- 

witu  jyiadison  and  Jones,  and  declared  to  them  tint  "  .  i,„i  i 
example  set  by  Vireiuia  w„„irl  i„™  .™  ""=■»  "'«  a  bold 
states'"  "1,„  :  8""?  ^''^  l'"™  influence  on  the  other 
tates ,  he  saw  ram  inevitable  unless  something  was  done 
to  give  congress  a  compulsory  process  on  delinnu™   states  » 

i„t  r™""'  ""'  ^'''  ™'  '"'^  "^'y  ioduccmont  f     ct^" 
into  the  present  assembly.     It  was  agreed  tb,f   T  f 

adis»  should  sketch  soL  plan  Z  ^ ^^ ter  Ze^t 

t  e  ^^/'■''f  ™""".-'.  -dHenry  p^mised  to  sust  inTou 
tlie  floor  A  majority  of  the  assembly  were  new  membe™ 
composed  of  young  men  and  ofiice.  of'the  late  ann"  «"  tS 

■  Aladisou  to  Jefferson,  25  April  17S1.     Madison,  i,"  78. 


:iM 


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*  :■  ■  ■  ■ 


122   ON  THE  WAY  TO  A  FEDEIIAL  CONVENTION.  D.n.i  OH.n. 

now  moasures  were  cxpccti'tl.  ffroat  liopi-s  wcro  formed  of 
Madison,  uiid  tlioso  who  know  him  host  wcro  Biiro  tlmt  lio 
would  not  disappoint  the  most  Han^uino  cxpcctationH.'* 

Virginia  pa-ssud  an  act  cmpoworing  congrosH,  for  any  term 
not  exceeding  fifteen  years,  to  prohibit  tho  importation  or  ex- 
portation of  goods  to  or  from  that  state  in  vcssols  beK)nging  to 
subjects  of  powers  with  wiiom  tho  United  States  had  no  com- 
mercial treaty,  t     They  consented  that  tho  contributions  of 
tho  state  to  tlie  general  treasury  should  bo  in  proportion  to 
the  ])oi)uhition,  counting  three  fifths  of  the  slaves.     All  appre- 
hension of  danger  from  conceding  a  revenue  to  the  confeder- 
acy ecemed  to  have  passed  away ;  and  it  was  agreed  that,  pend- 
ing tho  acceptance  of  tho  amendment  to  tho  constitution,  any 
ai)portionment  of  the  re(piisitions  directed  by  congress  for  tho 
puri)osoof  discharging  the  national  debt  and  the  expenses  of 
the  national  government  ought  to  bo  complied  with.     It  was 
further  resolved  that  the  accounts  subsisting  between  tho  United 
States  and  individual  states  should  bo  settled,  and  that  then 
the  balance  due  ought  to  bo  enforced,  if  necessary,  by  distress 
on  the  property  of  defaulting  states  or  of  their  citizens.    These 
resolutions  passed  tho  legislature  without  a  division.;}:     It  re- 
nuiincd  to  see  what  elTect  the  measures  of  Virginia  would  have 
on  the  other  twelve  states  and  on  herself. 

Expei'ience  luul  proved  the  impossibility  of  lvee])ing  to- 
gether  a  sullicient  representation  of  the  states  in  congress.  It 
began  to  be  tliouglit  better  to  hold  but  a  short  and  active  an- 
nual session  of  tho  national  congress  with  compulsory  attend- 
ance of  its  members,  and  appoint  connnissioners  of  tiie  otates 
to  conduct  executive  business  for  the  rest  of  tho  year.  This 
proposition  was  one  of  tho  last  whicli  Jelferson  assisted  to 
carry  througli.  Ho  had  wislicd  to  visit  AVoshington  before 
his  voyag(^ ;  but,  armed  with  at  least  one-and-twenty  commis- 
sions for  himself  and  his  two  associates  to  negotiate  treaties 
with  foreign  powei-s,  he  was  obliged  to  repair  to  Eoston. 

*  Willi;,m  Short  to  T.  Jofferson,  11  Jlay  1781;  Madison  to  Jefferson,  15  Mny 
1781,  Madison,  i.,  80;  Edward  Bancroft  to  William  Frazer,  28  May  1781.  In 
the  letter  of  Short  to  Jefferson,  tho  date  h  probably  an  error  for  May  15.  Sec 
Madison,  i.,  SO,  "  last  cvcuiuy." 

t  lleniiig,  xi.,  388.  |  Journal  of  tho  Committee  of  tho  States,  p.  7. 


1784. 

wlicro,  after  " 


TOWARD  A   BETTER  UNION. 


128 


n.o. :  ^""  "^.^i'"  \\"\^  ^''«  ^"«"'l>t  to  negotiate  a  treaty  of  com- 
nereo  with  Great  Britain  would  meet  with  suecesa.  f  Before 
leaving  the  country  ho  wrote  to  Madison:  "The  best  offocta 
are  produced  by  sending  our  young  etate.:uen  to  eongres^^ 
Here  they  see  the  affairs  of  the  confederacy  from  aS 
ground;  they  learn  the  importance  of  the  union,  and  befrtnd 
federal  measures  when  they  return  "  :j:  "oiricna 

;!uJJ'' iT^'fl""  "^  "'"'''  ''"''  '^^^°^^'°'-  «^  tJ»«  fourth  of 
June.     1<  our  states  never  attended ;  and,  ,is  tlie  assent  of  nine 

was  required  to  carry  any  proposition  excei>t  adjournment  the 

absence  or  tlio  negative  of  one  state  stopped  all  proceedings.'    A 

ft?n'thr^^;'""^  ^  r  f"  ^'^^"^"^  ^^  ^^^^^^^  *^«  -^^-i^- 

from  three  Kew  England  states  went  home ;  the  remaining  six 
s^tes  met  .regularly  till  the  nineteenth  of  that  montK 
then,  from  inabihty  to  do  any  manner  of  business,  they  with 
drew  The  United  States  of  America  were  left  Without  any 
visible  representation  whatever.  The  chief  benefit  from  the 
experiment  was  to  establish  in  the  minds  of  Americans  the 
necessity  of  vesting  the  executive  power,  not  in  a  body  of 
men  but,  a.  Jefferson  phrased  it,  in  a  single  arbiter.  ^ 

This  u-as  the  state  of  tho  government  when,  on  the  first 
of  November,  Robert  Morris  retired  from  his  office  as  supfr 
intenden  of  the  finances  of  the  United  States.  He  had  con- 
ciliated  thesupport  of  the  moneyed  men  at  home.*  His  bank 
tZT  A^«;^nea  necessarily  of  little  advantage  to  the  United 
States,  proved  highly  remunerative  to  its  stockholders  •  ||  the 
bankruptcy  of  the  nation  could  have  been  prevented  oidy  by 
the  nation  itself.  Congress  passed  an  act  that  for  the  future 
no  person,  appointed  a  commissioner  of  the  treasury  of  the 
Umted  States,  should  be  permitted  to  be  engaged,  eTther  dT 

•  Jefferson  to  Gerry,  2  July  1 784.    Austin's  Life  of  Gerry,  5.,  65 

t  Information  from  Edward  Bancroft,  26  August  1784. 

+  Jefferson  to  Madison,  25  April  1784  «  tr     •,.       .    ». 

cent;  for  tho  second,  four  and  one  fourth  •  fnr  ♦»,„  *k-  ^     .         /       .         ^^ 

VOL.  VI. — 10 


■  '    '    } 

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i 

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124   ON  THE  WAY  TO  A  FEDERAL  CONVENTION.  3.11.;  cn.xL 

rectly  or  indirectly,  in  any  trade  or  commerce  whatsoever.* 
Before  retiring,  Morris  announced  to  the  representative  of 
France  in  America  that  be  could  not  pay  the  interest  on  the 
Dutch  loan  of  ten  million  livres  for  which  France  was  the 
guarantee,  f  a  default  which  deeply  injured  the  reputation  of 
the  United  States  in  Paris.  ^  He  could  still  less  provide  for 
paying  the  interest  for  1784  on  the  direct  debt  to  France. 

The  members  of  the  fifth  congress  arrived  so  slowly  at 
Trenton  that  Marbois,  who  was  charged  with  French  affairs, 
on  the  twentieth  of  November  reported  what  at  the  moment 
was  tioie :  "  There  is  in  America  no  general  government,  neither 
congress,  nor  president,  nor  head  of  any  one  administrativo 
department."  *    Six  days  later,  while  there  was  still  no  quorum 
in  congress,  Eichard  Henry  Lee,  a  delegate  from  Virginia, 
wrote  to  Madison :  "  It  is  by  many  here  suggested,  as  a  very 
necessary  step  for  congress  to  take,  the  calling  on  the  states 
to  form  a  convention  for  the  sole  purpose  of  revising  the  con- 
federation, so  far  as  to  enable  congress  to  execute  with  more 
energj',  effect,  and  vigor  the  powers  assigned  to  it  than  it  ap- 
pears by  experience  that  they  can  do  under  the  present  state 
of  things."     In  a  letter  of  the  same  date  Mercer  said :  "  There 
will  be  a  motion  made  early  in  the  ensuing  congress  for  such 
a  convention."  ||     Madison,  who  knew  the  heart  of  his  corre- 
spondents, answered  Lee  firmly  and  yet  warily :  "  The  union 
of  the  states  is  essential  to  their  safety  against  foreign  danger 
and  internal  contention;  the  perpetuity  and  efficacy  of  the 
present  system  cannot  be  confided  in ;  the  question,  therefore, 
is,  in  what  mode  and  at  what  moment  the  experunent  for  sup- 
plying the  defects  ought  to  be  made."  ^ 

"  The  American  confederation,"  so  thought  the  French 
minister  at  Yersailles,  "  has  a  strong  tendency  to  dissolution ; 
it  is  veil  that  on  this  point  we  have  neither  obligations  to 
fulfil  nor  any  interest  to  care  for."  ^ 

*  Journals  of  Congress  for  28  May  1T84. 

f  Robert  Morris  to  Marbois,  lY  August  1'784,     Diplomatic  Correspondence, 
xii.,  494.  X  Edward  Bancroft  to  Lord  Carmarthen,  Paris,  8  December  1'784. 

*  Marbois  to  Rayneval,  20  No /ember  1784, 

S  J.  F.  Jlercer  to  Madison,  26  November  l'?S4,  ^  Gilpin,  707,  708. 

^  To  Marbois,  Vcraailics,  14  December  17S4. 


1784. 


THE  WEST. 


125 


CHAPTER  m. 


>i 


THE  WEST. 

1784-1785. 
The  desire  to  hold  and  to  people  the  great  western  domain 

iimon  In  that  happy  region  each  state  saw  the  mean.  „f 
granting  lands  to  its  soUie..  of  the  revohuionld  a  predion 
of  luesfmable  promise.  Washington  took  up  the  Xe  of 
secmng  the  national  allegiance  of  the  tnmamonLe  woSlet 

on  tTlZtf  "^--Vf-»---tionwith  thet^tes 
on  the  Atlantic.  For  that  purpose,  more  than  to  look  after 
lands  of  h,s  own,  he,  on  tl,e  fi™t  day  of  Septembe  ,  liln  I 
tour  to  the  westward  to  make  an  examination  of  the  poZes 
between  the  nearest  navigable  branches  of  the  PotoCS 
James  nver  on  tbe  one  side  and  of  the  Ohio  and  thtTanaw^ 
on  the  other.  Wherever  he  came,  he  sought  and  closdy  Z^ 
foned  he  men  famed  for  pereonal  observation  of  theleZ 
and  paths  on  each  side  of  the  Allegham'es 

Irom  Fort  Cumberland  he  took  the  usual  road  over  th^ 
mountains  to  the  valley  of  the  Yohogany,*  and  sMe^Tosllv 
fte  branches  of  that  stream.  The  county  between  the  S 
Kanawha  and  the  branches  of  the  James  riverbehil  at  tw 
moment  infested  with  hostile  Indians,  he  ZZXilZ 
houseless  sohtude  between  affluent  of  the  Cheat  riverld  of 

Allegh-any.  ~~  "■  ^'  "^^'^^re  is  a  trauaktion  of 


I    , 


I    '! 


I     '  I 


i/i 


i:^ 


:ui.' 


126    ON  THE  \VAY  TO  A  FEDERAL  CONVENTION,  s.n.;  OH.m. 

the  Potomac.  As  he  traced  the  way  for  commerce  over  that 
wild  region  he  was  compelled  to  pass  a  night  on  a  rough  moun- 
tain-side in  a  pouring  rain,  with  no  companion  but  a  servant 
and  no  protection  but  his  cloak ;  one  day  he  was  without  food  • 
sometimes  he  could  find  no  path  except  the  track  of  buffaloes  • 
and  in  unceasing  showers  his  ride  through  the  close  bushes 
eeemed  to  him  little  better  than  the  swimming  of  rivulets.* 

Reaching  home  after  an  absence  of  thirty-three  days,  he 
declared  himself  pleased  with  the  results  of  his  tour.  Com- 
bining his  observations  with  the  reminiscences  of  his  youthful 
mission  to  the  French  in  the  heart  of  Ohio,  he  sketched  in  his 
mind  a  system  of  internal  communication  of  the  Potomac  with 
the  Ohio ;  of  an  affluent  of  the  Ohio  with  the  Cuyahoga ;  and 
so  from  the  site  of  Cleveland  to  Detroit,  and  onward  to  the 
Lake  of  the  Woods. 

Six  days  after  his  return  he  sent  a  most  able  report  to 
Harrison,  then  governor  of  Virginia.     "We  should  do  our 
part  toward  opening  the  communication  for  the  fur  and  peltry 
trade  of  the  lakes,"  such  were  his  words,  "  and  for  the  produce 
of  the  country,  which  will  be  settled  faster  than  any  other 
ever  was,  or  any  one  would  imagine.     But  there  is  a  political 
consideration  for  so  doing  which  is  of  still  greater  importance. 
"  I  need  not  remark  to  you,  sir,  that  the  flanks  and  rear  of 
the  United  States  are  possessed  by  other  powers,  and  formida- 
ble ones  too ;  nor  how  necessary  it  is  to  apply  interest  to  bind 
all  parts  of  the  union  together  by  indissoluble  bonds.     The 
western  states,  I  speak  now  from  ray  own  observation,  stand 
as  it  were  upon  a  pivot ;  the  touch  of  a  feather  would  turn 
them  any  way.     They  have  looked  down  the  Mississippi  until 
the  Spaniards  threw  difficulties  in  their  way.     The  untoward 
disposition  of  the  Spaniards  on  the  one  hand  and  the  policy  of 
Great  Britain  on  the  other  to  retain  as  long  as  possible  the 
posts  of  Detroit,  Niagara,  and  Oswego,  may  be  improved  to 
the  greatest  advantage  by  this  state  if  she  would  open  the  ave- 
nues to  the  trade  of  that  country."  f 

Harrison  heartily  approved  the  views  of  Washington,  and 
laid  his  letter  before  the  assembly  of  Virginia,  whose  members 

♦  Washington'?!  Journal.     MS. 

t  VVashington  to  riarrison,  10  October  1784.    Sparks,  is.,  02,  63,  64. 


1784^1786. 


THE  WEST. 


127 


gladly  accepted  its  large  views  and  stood  ready  to  give  then, 
legislative  support.  *  ^       6  ^'^ ''^^"' 

TTni^rqlT  ^'1'^'**''  ^^^"  ™  ^^^^"g  ^  *°^r  through  the 
United  States  and  receiving  everywhere  a  grateful  and  joyous 
welcome,  was  expected  in  Virginia.  For  the  occasion,  WaBh- 
mgton  repaired  to  Richmond ;  and  there,  on  the  fifteenth  of 
JSTovember  the  assembly,  to  mark  their  reverence  and  affec- 
tion, sent  Patrick  Henry,  Madison,  and  othei^  to  assure  him 
that  they  retained  the  most  lasting  impressions  of  the  tran- 
scendent  services  rendered  in  his  late  public  character,  and  had 
proofs  tnat  no  change  of  situation  could  turn  his  thoughts  from 
the  welfare  of  his  country.  ^ 

Three  days  later  the  house,  by  the  same  committee,  ad- 
dressed  Lafayette,  recalling  "his  cool  intrepidity  and  wise  con- 
vict during  his  command  in  tlie  campaign  of  1781,  and,  as  the 
wish  most  suitable  to  his  character,  desired  that  those  who 

h!Jmllir»  '  ^^""'^  ^''''^^  '^"'"^  P"^'^'  *^'  ^^*"'"'*^  <^f 

From  Richmond  Lafayetto  accompanied  Washington  to 
Mount  Vernon,  and,  after  a  short  visit,  was  attended  by  his 
fir   T  ?  ^""^^Vf^^  where  he  received  the  congratulations 
of  Maryland.     On  the  thirteenth  of  December  congress,  in  a 
pub  he  session,  took  leave  of  him  Avith  eveiy  mark  of  honor 
In  Ins  answer  he  repeated  the  great  injunctions  of  Washing! 
on  s  farewell  letter,  and,  having  travelled  widely  in  the  coun- 
try, bore  witness  to  "the  prevaihng  disposition  of  the  people 
tc  strengthen  the  confederation."     For  America  his  three 
hobbies,    as  he  called  them,  were  the  closer  federal  union 
the  alliance  with  France,  and  the  abolition  of  slavery     Ho 
embarked  for  his  native  land  "fraught  with  affection  to  Amer- 
ica, and  disposed  to  render  it  every  possible  service."  f    To 
Washington  he  announced  from  Europe  that  he  was  about  to 
attempt  the  relief  of  the  protestants  in  France.  X 

Tlie  conversation  of  Washington  during  his  stay  in  Rich- 
mond had  still  further  impressed  members  of  the  legislature 
with  the   magnitude  of   his  designs.     Shortly  after  his  de- 


*  Harrison  to  Washington,  13  November  1784. 
f  Jcfforson  to  Madiaonj  18  March  l^fiS. 
X  Lafayette  to  Washinston,  11  May  1785. 


Sparks,  is.,  68. 


f  Ml 


'K- 


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'<      I 


!       i 


■JiiJ 


I 


n! 


128   ON  TUE  WAY  TO  A  FEDERAL  CONVENTION.  B.n.;  on.  in. 

parture  a  joint  memorial  from  inhabitants  of  Maryland  and  of 
Virginia,  representing  tlie  advantages  which  would  flow  from 
establishing  under  the  authority  of  the  two  states  a  company 
for  improving  the  navigation  of  the  Potomac,  was  presented 
to  the  general  assembly  of  each  of  them.  But  the  proposed 
plan  had  defects,  and,  moreover,  previous  communication  be- 
tween the  two  states  could  alone  secure  uniformity  of  action. 
It  was  decided  to  consult  with  Maryland,  and  the  negotiation 
was  committed  to  Washington  himself.  Leaving  Mount  Ver- 
non on  the  fourteenth  of  December  1781  at  a  few  hours'  notice, 
the  general  hastened  to  Annapolis.  Amendments  of  the  plan 
were  thouglitf  ully  digested,  rapidly  carried  through  both  houses, 
and  dispatched  to  Richmond.  There  a  law  of  the  same  tenor 
was  immediately  passed*  without  opposition,  "to  the  mutual 
satisfaction  of  both  states,"  and,  as  Washington  hoped,  "to  the 
advantage  of  the  union."  f 

At  the  same  time  the  two  governments  made  appropria- 
tions for  opening  a  road  from  the  highest  practicable  naviga- 
tion of  the  Potomac  to  that  of  the  river  Cheat  or  Monongahela, 
and  they  concurred  in  an  application  to  Pennsylvania  for  per- 
mission to  open  another  road  from  Fort  Cumberland  to  the 
Yohogany.  Like  measures  were  initiated  by  Virginia  for  con- 
necting James  river  with  some  affluent  of  the  Great  Kanawha. 
Moreover,  the  executive  was  authorized  to  appoint  commis- 
sioners to  examine  the  most  convenient  course  for  a  canal  be- 
tween Elizabeth  river  and  the  waters  of  the  Eoanohe,  and 
contingently  to  make  application  to  the  legislature  of  North 
Carolina  for  its  concurrence. :{: 

Early  in  1785  the  legislature  of  Virginia,  repeating,  in 
words  written  by  Madison,  "their  sense  of  the  unexampled 
merits  of  George  Washington  toward  his  country,"  vested  in 
him  shares  in  both  the  companies  alike  of  the  Potomac  and  of 
James  river.*  But,  conscious  of  the  weight  of  his  counsels, 
he  never  suffered  his  influence  to  be  impaired  by  any  suspicion 
of  interested  motives,  and,  not  able  to  undo  an  act  of  the  legis- 
lature, held  the  shares,  but  only  as  a  trustee  for  the  public. 

*  Hcninpr,  x.,  610.  f  Madison,  i.,  123,  124.     Sparks,  is.,  82. 

I  Washington  to  R.  H.  Lcc,  8  February  1785.    Sparks,  ii,,  91. 
^  IIoQliig,  xL,  525,  525. 


1785. 


THE  WEST. 


129 


Another  question  between  Maryland  and  Virginia  remained 
for  solution.     The  charter  to  Lord  Baltimore,  which  Virginia 
had  resisted  as  a  severance  oi  her  territory,  bounded  his  juris- 
diction by  the  "'  further  bank  »  of  the  Potomac.    When  both 
states  assumed  independence,  Virginia  welcomed  her  northern 
neighbor  to  the  common  war  for  liberty  by  releasing  every 
claim  to  its  territory,  but  she  reserved  the  navigation  of  the 
border  stream.     To  define  with  exactness  their  respective  rights 
on  Its  waters,  the  Virginia  legislature,  in  June  1784,  led  the 
way  by  naming  George  Mason,  Edmund  Eandolph,  Madison, 
and  Alexander  Henderson  as  their  commissioners  to  frame, 
"  in  concert  with  commissioners  of  Maryland,  liberal,  equitable, 
and  mutually  advantageous  regulations  touching  the  jurisdic- 
tion and  navigation  of  the  river."  *    Maryland  gladly  accepted 
the  invitation,  and  in  the  following  March  the  joint  commission 
was  to  meet  at  Alexandria,  hard  by  Mount  Vernon.    In  this 
manner,  through  the  acts  and  appropriations  of  the  legislature 
of  Virginia,  Washington  conneclied  the  interests  and  hopes  of 
her  people  with  the  largest  and  noblest  conceptions,  and  to  the 
states  alike  on  her  southern  and  her  northern  border  and  to  the 
rising  empire  in  the  West,  M^iere  she  would  surely  meet  New 
York  and  New  England,  she  gave  the  weightiest  pledges  of 
inviolable  attachment  to  the  union.    To  carry  forward  these 
designs,  the  next  step  must  be  taken  by  congress,  which  should 
have  met  at  Trenton  on  the  first  day  of  November  1784,  but, 
from  the  tardy  arrival  of  its  members,  was  not  organized 'until 
the  thirtieth.     It  was  the  rule  of  congress  that  its  president 
should  be  chosen  in  succession  from  each  one  of  the  different 
states.     Beginning  with  Virginia,  it  had  proceeded  through 
them  all  except  New  Hampshire,  Rhode  Island,  North  Caro- 
lina, and  Georgia.     But  now  the  nile,  which  in  itself  was  a  bad 
one,  was  broken,t  and  Richard  Henry  Lee  was  elected  presi- 
dent.   The  rule  of  rotation  was  never  again  followed;   but 
this  want  of  fidelity  to  a  custom  that  had  long  been  respected 
tended  to  increase  the  jealousy  of  the  small  states.    Before 
Christmas  and  before  finishing  any  important  business,  con- 
gress, not  finding  sufiicient  accommodations  in  Trenton,  ad- 

*  Journals  of  House  of  DcleE;ates  for  23  Juno  1'784. 

t  Madison,  i.,  117.     Otto  to  Vergcnncs,  15  June  1786.     MS. 


■    J 

■  i. 


h      ' 


'■  a 


130   ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.  ii. 


en.  m. 


'I 


!,' 


journed  to  the  eleventh  of  January  1785,  and  to  New  York  as 
its  abode. 

Congress  had  put  at  its  head  the  most  determined  and  the 
most  restlessly  indefatigable  opponent  of  any  change  whatever 
in  the  articles  of  confederation.     Lee  renewed  intimate  relations 
with  Gerry,  the  leading  member  of  congress  from  Massachu- 
setts.     He  sought  to  revive  his  earlier  influence  in  Boston 
through  Samuel  Adams.     The  venerable  patriot  shared  his 
jealousy  of  conferring  too  great  powers  on  a  body  far  removed 
from  its  constituents,  but  had  always  supported  a  strict  enforce- 
ment of  ^  the  just  authority  of  government,  and  he  replied : 
"Better  it  would  have  been  for  us  to  have  fallen  in  our  highly 
famed  stmggle  for  our  rights  than  now  to  become  a  contempt- 
ible nation."  * 

The  harbor  at  the  mouth  of  the  Pludson  was  at  that  time 
the  most  convenient  port  of  entry  for  New  Jersey  and  Connecti- 
cut, and  tlie  State  of  New  York,  tlu-ough  its  custom-house, 
levied  on  their  inhabitants  as  well  as  on  its  own  an  ever  in- 
creasing revenue  by  imposts.     The  collector  was  a  stubborn 
partisan.     The  last  legislature  had  elected  to  the  fifth  congress 
Jay,  Robert  E.  Livingston,  Egbert  Benson,  and  Lansing,  of 
whom,  even  after  Jay  became  the  minister  for  foreign  affairs, 
a  majority  favored  the  founding  of  a  nation.    But  the  opinions 
of  the  president  of  congress,  who  was  respected  as  one  of  the 
most  illustrious  statesmen  of  Virginia,  assisted  to  bring  about 
a  revolution  in  the  politics  of  New  York.f    On  the  nineteenth 
of  March  1Y85  its  legislature  appointed  three  "additional  dele- 
gates "to  congress,  of  whom  Haring  and  Melancton  Smith, 
like  Lansing,  opposed  federal  measures ;  and  for  the  next  four 
years  the  state  of  New  York  obstinately  resisted  a  thorough 
revision  of  the  constitution.     Of  the  city  of  New  York,  the 
aspirations  for  a  national  union  could  not  be  repressed. 

On  the  fourteenth  of  December  1784,  soon  after  the  organi- 
zation of  congress,  Washington,  with  a  careful  discrimination 
between  the  office  of  that  body  and  the  functions  of  the  states, 
urged  through  its  president  that  congress  should  have  the 
western  waters  well  explored,  their  capacities  for  navigation 

*  S.  Adams  to  R.  H.  Leo,  23  December  1V84. 

f  Jay  to  Washingfrj!!,  27  June  I7SG.     Lettorri  to  Wuablugton,  iv.,  136. 


1786. 


THE  WEST. 


131 


TnH  A  w  r  ["'  ''  *^'  commnnieations  between  Lake  Erie 
and  the  Wabash,  and  between  Lake  Michigan  and  the  Missis- 
sippi, and  a  complete  and  perfect  map  made  of  the  country  at 
least  BM  far  west  as  the  Miamis,  which  run  into  the  Ohio  and 
Lake  Erie.  And  he  pointed  out  the  Miami  village  as  the  place 
for  a  very  important  post  for  the  union.  The  expense  attending 
such  an  undertaking  could  not  be  great ;  the  advantages  would 
be  unbounded.  "Nature,"  he  said,  "has  made  such\  dispky 
of  her  bounty  m  those  regions  that  the  more  the  country  is 
explored  the  more  it  will  rise  in  estimation.  The  spirit  of 
emigration  IS  great;  people  have  got  impatient;  and,  though 
you  cannot  stop  the  road,  it  is  yet  in  your  power    o  mafk 

ekhel"^*  "  ""^^^  '^^  ^'^  ^^"  ^°*  ^'  ^^1^  to  do 

In  the  same  week  in  which  the  legislature  of  New  York 
reversed  its  position  on  national  policy,  Washington  renewed 
his  admomtions  to  Lee  on  planting  the  western  territory. 
The  mission  of  congress  wiU  now  be  to  fix  a  medium  price 
on  these  lands  and  to  point  out  the  most  advantageous  mode  of 
seatmg  them,  so  that  law  and  good  government  may  be  admin- 
istered, and  the  union  strengthened  and  supported.  Pro- 
gressive seating  is  the  only  means  by  which  this  can  be 
effected ;  and,  resisting  the  pohticians  who  might  wish  to 
balance  northern  states  by  southern,  he  insisted  that  to  mark 
out  but  one  new  state  would  better  advance  the  public  welfare 
tlian  to  mark  out  ten.  f 

f.v  ?^''  f !  r"''""*^  '^  ^"'"^^  ^™''''^  ^^^:>^«on  took  his  seat 
fo  the  first  time  as  a  member  of  congress.  He  had  been  edu- 
cated  m  England  at  Oxford,  and  had  resided  at  the  Temple  in 
London.  IIis  short  career  furnishes  only  glimpses  of  his 
character.  In  1776  he  had  been  an  aide-de-camp  to  Washing- 
ton,  with  whom  he  kept  up  affectionate  relations;  in  1777  he 
commanded  a  Virginia  regiment  and  gained  honors  at  Mon- 
mouth. His  private  life  appears  to  have  been  faultless ;  his 
public  acts  show  independence,  courage,  and  a  humane  and 
noble  nature.  In  the  state  legislature  of  the  previous  winter 
he  was  chairman  of  the  committee  to  which  Washington's  re- 

*  Washington  to  H  R  Leo,  14  Decomber  llSi.    Sparks,  ix.,  80,  81. 
t  Washington  to  K.  U.  Leo,  15  March  1786.  *-»»«• 


I  "  '■  1  L 


t  ; 


■,   il-' 


i;i  '  I  . 


f   it 


t 

it 

i 
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i  I 

1 

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it: 

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v.;|.: 


i  -» 


ii 


(  f 


132  ON  THE  WAY  TO  A  FEDERAL  CONVENTION.  B.n.;  oh.  m. 

port  on  the  negotiations  with  Maryland  had  been  referred* 
The  first  evidence  of  his  arrival  in  New  York  is  a  letter  of  the 
tenth  of  March  1T85,  to  his  former  chief,  announcing  that 
Jefferson's  ordinance  for  disposing  of  western  lands,  which 
had  had  its  first  reading  in  May  1784,  had  been  brought  once 
more  before  congress. 

Not  Washington  alone  had  reminded  congress  of  its  duties 
to  the  AVest.     Informed  by  Gerry  of  the  course  of  public 
busmess,   Timothy  Pickering,  from  Philadelphia,  addressed 
most  earnest  letters  to  Rufus  King.    He  complained  that  no 
reservation  of  land  was  made  for  the  support  of  ministers  of 
the  gospel,  nor  even  for  schools  and  academies,  and  he  further 
wrote :  "  Congress  once  made  this  important  declaration,  '  that 
all  men  are  created  equal ;  that  they  are  endowed  by  their 
Creator  with  certain  unalienable  rights ;  that  among  these  are 
hfe,  hberty,  and  the  pursuit  of  happiness';  and  these  truths 
were  held  to  be  self-evident.     To  suffer  the  continuance  of 
slaves  till  they  can  gradually  be  emancipated,  in  states  already 
overrun  with  them,  may  be  pardonable  because  unavoidable 
without  hazarding  greater  evils ;  but  to  introduce  them  into 
countries  where  none  now  exist  can  never  be  forgiven.     For 
God's  sake,  then,  let  one  more  effort  be  made  to  prevent  so 
terrible  a  calamity!     The  fundamental  constitutions  for  those 
states  are  yet  liable  to  alterations,  and  this  is  probably  the  only 
time  when  the  evil  can  certainly  be  prevented."    Nor  would 
Pickering  harbor  the  thought  of  delay  in  the  exclusion  of 
slavery.     "It  will  be  infinitely  easier,"  he  said,  "to  prevent 
the  evil  at  first  than  to  eradicate  it  or  check  it  in  any  future 
time."  f 

The  sixteenth  of  March  was  fixed  for  the  discussion  of  the 
affairs  of  the  West.  The  report  that  was  before  congress  was 
Jefferson s  scheme  for  "locating  and  disposing  of  land  in  the 
western  territory ; "  and  it  was  readily  referred  to  a  committee 
of  one  from  each  state,  Grayson  being  the  member  from  Yir- 
gmia  and  King  from  Massachusetts.  King,  seconded  by  Ellery 
of  Ehode  Island,  proposed  that  a  part  of  the  rejected  anti- 
slavery  clause  in  Jefferson's  ordinance  for  the  government  of 

*  Journals  Virginia  House  of  Delegates,  99. 

t  Pickering  to  King,  8  March  1785.    Pickering'd  riekering,  i.,  509  510. 


,■1  ''• 


It. 


1786. 


THE  WEST. 


133 


the  western  territory  bIiouM  be  referred  to  a  committee  ;*  all 
that  related  to  the  western  territoiy  of  the  three  southern 

t^^ZZ^j;"  '-'  '-'^  ^-  '''  ^^--  ^-^^^^^^  the 
On  the  qiiestion  for  committing  this  proposition,  the  four 
New  England  states,  New  York,  New  Jersey,  and  Pennsylva- 
ma  voted  unanimously  in  the  affinnative;  Maryland  by  a  m^ 
joritj^  McHenry  going  with  the  South,  John  Henry  and  Will- 
lam  Hmdman  with  the  North.  For  Virginia,  Grayson  voted 
aye,  but  was  overpowered  by  Hardy  and  Richard  Henry  Lee. 
The  two  Carohnas  were  unanimous  for  the  negative.  Houston 
of  Georgia  answered  no,  but  being  on  that  day  the  sole  ropre- 
sentative  of  Georgia,  his  vote  was  not  counted.  So  the  vote 
stood  eight  states  against  three;  eighteen  members  against 
eight ;  t  and  the  motion  was  forthwith  committed  to  King 
Howell,  and  Ellery.  ^  °* 

On  the  sixth  of  April,  King  from  his  committee  reported 
his  resolution,  which  is  entirely  in  his  own  handwriting;*  and 
which  consists  of  two  clauses :  it  allowed  slavery  in  the  North- 
west until  the  first  day  of  the  year  1801,  but  no  longer;  and  it 
provided  that  always,  upon  the  escape  of  any  person  into  any 
of  the  states  descnbed  in  the  resolve  of  congress  of  the  twenty- 
t  iird  day  of  April  1784,  from  whom  labor  or  service  is  lawfully 
claimed  m  any  one  of  the  thirteen  original  states,  such  fugitive 
might  be  lawfully  reclaimed  and  carried  back  to  the  person 
claiming  his  labor  or  service,  this  resolve  notwithstanding."  | 

*  The  original  motion  of  Rufus  King  for  the  reference,  in  his  handwriting  is 
preserved  m  Papers  of  Old  Congress,  vol.  xxxi.  anawrumg,  ,s 

t  Journals  of  Congress,  iv.,  481,  482, 
Jit  is  indorsed  in  the  handwriting  of  Charles  Thomson:  "Motion  for  pre- 

Mr  ElLt"''^  ''  "'''  '*'*''*  ''  ^''°^  '^''"    ^''^'"■''^  '"  ^'-  ^^^'  ^'-  ^°^'^"' 

th.I  ^'1'  *^^'  ^Tn!""  ^"P'"  "^  ^^^  ^°"S'"*'^^'  ^^^'•'  329.  and  is  indorsed  in 
the  handwr.tmg  of  Rufus  King :  "  Report  on  Mr.  King's  motion  for  the  exelusion 

Cha  ,r th'        new  states."    And  it  is  further  indorsed  in  the  handwriting  of 

Charles  Thomson:  "Mr.  King,  Mr.  Howell,  Mr.  Ellery.    Entered  C  April  1V85 

read.    Thursday,  Aprill4,  assigned  for  consideration." 

!  The  printed  copy  of  this  report  of  King  is  to  be  found  in  Papers  of  Old 

Congress,  xxxi     831,  and  is  indorsed  in  the  handwriting  of  Charles  Thomson: 

To  prevent  slavery  in  the  new  states.     Included  in  substance  in  the  ordinauee 

lor  a  temporary  government  passed  the  13  July  1787." 


Ill 


^\-\ 


I  m 


I'i  I 


,   i 


I  I 


I  «         I       '    1     I' 


*  t 

#  (I 

4    .!»!' 


i 


134    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.m. 

King  reserved  his  resolution  to  bo  brought  forward  as  a  separ 
rate  measure,  after  the  land  ordinance  should  be  passed.  «I 
expect,"  wrote  Grayson  to  Madison,  "seven  states  may  be 
found  liberal  enough  to  adopt  it ;"  ^^  but  there  is  no  evidence 
that  It  was  ever  again  called  up  in  that  congress. 

On  the  twelftli  of  April  f  the  committee  for  framing  an 
ordmance  for  the  disposal  of  the  western  lands  made  their  re- 
port.    It  was  written  by  Grayson,  ^  who  formed  it  out  of  a 
conflict  of  opinions,  and  took  the  chief  part  in  conducting  it 
through  the  house.    As  an  inducement  for  neighborhoods  of 
the  same  religious  sentiments  to  confederate  for  the  purpose 
of  purchasing  and  settling  together,  it  was  a  land  law  for  a 
people  gomg  forth  to  take  possession  of  a  seemingly  endless 
domain.     Its  division  was  to  be  into  townships,  with  a  per- 
petual  reservation  of  one  mile  square  in  every  township  for 
the  support  of  religion,  and  another  for  education.      The 
house  refused  its  assent  to  the  reservation  for  the  support  of 
religion,  as  connecting  the  church  with  the  state;  but  the 
reservation  for  the  support  of  schools  received  a  general  wel- 
come.    Jefferson  had  proposed  to^vnship8  of  ten  miles  square  • 
the  committee,  of  seven ;  but  the  motion  of  Grayson,  that  they 
Bhou  d  be  of  six  miles  squai'e,*  was  finally  accepted.     The 
bouth,  accustomed  to  the  mode  of  indiscriminate  locations  and 
settlements,  insisted  on  the  rule  which  would  give  the  most 
free  scope  to  the  roving  emigrant ;  and,  as  the  bill  required 
the  vote  of  nine  states  for  adoption,  and  during  the  debates  on 
the  subject  more  than  ten  were  never  present,  the  eastern 
people,  though  "amazingly  attached  to  their  own  custom  of 
planting  by  townships,"  yielded  to  the  compromise  that  every 
other  township  should  be  sold  by  sections.  \\    The  surveys  were 
to  be  confined  to  one  state  and  to  five  ranges,  extending  from 
the  (>mo  to  Lake  Erie,  and  were  to  be  made  under  the  direc- 
tion of  the  geographer  of  the  United  States.     The  bounds  of 

*  Grayson  to  Madison,  1  May  1785.     The  ordinance  for  the  sale  of  lands  re- 
quired  the  consent  of  nine  states;  the  regulative  ordinance,  of  but  seven 

t  Grayson  to  Washington,  15  April  1785. 

,  ^, J  P  o"ginal  report  in  the  handwriting  of  Grayson  is  preserved  in  the  Tapers 
of  Old  Congress,  Ivi.,  451. 

*  Journals  of  Congress,  iv.,  512.  J  Grayson  to  Madison,  1  May  1785. 


1  ■'  i. 


t      '  I* 


1785. 


THE  WEST. 


185 


every  parcel  that  was  sold  were  fixed  beyond  a  question ;  the 
mode  of  registry  was  simple,  convenient,  and  almost  without 
cost ;  the  form  of  conveyance  most  concise  and  clear.  Kever 
was  land  offered  to  a  poor  man  at  less  cost  or  with  a  safer  title. 
For  one  bad  provision,  which,  however,  was  three  years  after 
repealed,  the  consent  of  congress  was  for  the  moment  extorted ; 
the  lands,  as  surveyed,  were  to  be  drawn  for  by  lot  by  the  sev- 
eral states  in  proportion  to  the  requisitions  made  upon  them, 
and  were  to  be  sold  publicly  within  the  states.  But  it  was 
carefully  provided  that  they  should  be  paid  for  in  the  obligar 
tions  of  the  United  States,  at  the  rate  of  a  dollar  an  acre.  To 
secure  the  promises  made  to  Virginia,  chiefly  on  behalf  of  the 
ofiicers  and  soldiers  who  took  part  in  conquering  the  North- 
west from  British  authority,  it  was  agreed,  after  a  discussion 
of  four  days,*  to  reserve  the  district  between  the  Little  Miami 
and  the  Scioto. 

The  land  ordinance  of  Jefferson,  as  amended  from  1784  to 
1788,  definitively  settled  the  character  of  the  national  land 
laws,  which  are  still  treasured  up  as  one  of  the  most  precious 
heritages  from  the  founders  of  the  repubhc. 

The  frontier  settlements  at  the  west  needed  the  protection 
of  a  military  force.  In  1784,  soon  after  the  exchange  of  the 
ratifications  of  peace,  Gerry  at  Annapolis  protested  against 
the  right  of  congress  on  its  own  authority  to  raise  standing 
armies  or  even  a  few  armed  men  in  time  of  peace.  His  con- 
duct was  approved  by  his  state,  whose  delegation  was  in- 
structed to  oppose  and  protest  on  all  occasions  against  the 
exercise  of  the  power.  From  that  time  congress  had  done  no 
more  than  recommend  the  states  to  raise  troops.  It  was  now 
thought  necessary  to  raise  seven  hundred  men  to  protect  the 
West.  The  recommendation  should  have  been  proportioned 
among  all  the  states ;  but  congress  ventured  to  call  only  on 
Connecticut,  New  York,  New  Jersey,  and  Pennsylvania  aa  the 
states  most  conveniently  situated  to  furnish  troops  who  were 
to  be  formed  into  one  regiment  and  for  three  years  guard  the 
north-western  frontiers  and  the  public  stores. 

*  Grayson  to  Madiaon,  1  May  1786. 


^    'i;  i  i.i 


\    -i 


I      ' 


1      !• 


W 

180   ON  THE  WAY  TO  A  FEDERAL  CONVENTION.  b.ii.;  oa.iT. 


CHAPTER  IV. 

THE   EEQULATION   OF   COMMERCE.      THE   FIFfH   CONOBE88. 

1784.-1785. 

The  legislature  of  Connecticut  in  1783,  angry  at  the  grant 
of  half  pay  to  the  officers  of  the  army,  insisted  that  the  requi- 
sitions of  congress  had  no  vahdity  until  they  received  the 
approval  of  the  state.  But  the  vote  was  only  «  a  fire  among 
the  brambles;"  and  the  people  at  the  next  election  chose  a 
legislature  which  accepted  the  general  impost  on  commerce, 
even  though  it  should  be  assented  to  by  no  more  than  twelve 
states.*  The  Virginia  assembly  of  that  year  discountenanced 
the  deviation  from  the  rule  of  unanimity  as  a  dangerous  pre- 
cedent ;  f  but  it  was  ddopted  by  Maryland.  ^ 

In  the  following  winter  Noah  Webster  of  Hartford  busied 
himself  in  the  search  for  a  form  of  a  continental  government 
which  should  act  as  efficaciously  on  its  members  as  a  local  gov- 
ernment.    "  So  long  as  any  individual  state  has  power  to  de- 
feat the  measures  of  the  other  twelve,  our  pretended  union," 
so  he  expressed  the  opinion  which  began  to  prevail,  "  is  but'a 
name,  and  our  confederation  a  cobweb.    The  sovereignty  of 
each  state  ought  not  to  be  abridged  in  any  article  relating  to 
its  own  government ;  in  a  matter  that  equally  respects  all  the 
states,  a  majority  of  the  states  must  decide.    We  cannot  and 
ought  not  to  divest  ourselves  of  provincial  attachments,  but 
we  should  subordinate  them  to  the  general  interest  of  the  con- 

*  Monroe  to  Madison,  14  December  ll8i. 
f  Madison  to  Monroe,  24  December  1784.     Madison,  i.,  114,  115. 
t  Act  of  Maryland.    Session  of  1784,  1786.    In  Pennsylvania  Packet  of  8 
February  1786. 


'  t 


1784-'6.  REGULATION  OF  COMMERCE.    FIFTH  CONGRESS.  I37 

tinent;  m  a  citizen  of  the  American  empire,  every  individual 
haa  a  national  interest  far  superior  to  all  others."  * 

The  outlays  in  America  of  the  British  in  the  last  year  of 
their  occupation  of  New  York,  and  the  previous  expenditures 
for  the  French  army,  had  supplied  the  northern  states  with 
specie ;  so  that  purchasers  were  found  for  the  bills  of  Robert 
Morns  on  Europe,  which  were  sold  at  a  discount  of  twenty  or 
even  forty  per  centf  The  prospect  of  enormous  gains  tempted 
American  merchants  to  import;  in  one  year  more  than  their 
exports  could  pay  for  in  three  ;  t  while  factors  of  English 
houses,  bringing  over  British  goods  on  British  account,  jostled 
the  American  merchants  in  their  own  streets.  Fires  "which 
still  burn  were  then  lighted.  He  that  will  trace  the  American 
policy  of  that  day  to  its  cause  must  look  to  British  restrictions 
and  British  protective  duties  suddenly  applied  to  Americans 
as  aliens. 

The  people  had  looked  for  peace  and  prosperity  to  come 
hand  in  hand,  and,  when  hostilities  ceased,  they  ran  into  debt 
for  English  goods,  never  doubting  that  their  wonted  industries 
would  yield  them  the  means  of  payment  as  of  old.    But  ex- 
cessive importations  at  low  prices  crushed  domestic  manufac- 
tures ;  trade  ^-ith  the  British  We.-'t  Indies  waa  obstructed ; 
neither  rice,  tobacco,  pitch,  turpentine,  nor  ships  could  be  re- 
mitted as  heretofore.     The  whale  fishery  of  Massachusetts  had 
brought  to  its  mariners  in  a  year  more  ihan  eight  hundred 
thousand  dollars  in  specie,  the  clear  gain  of  perilous  labor. 
The  export  of  their  oil  was  now  obstructed  by  a  duty  in  Eng- 
land of  ninety  dollars  the  ton.     Importations  from  England 
must  be  paid  for  chiefly  by  cash  and  bills  of  exchange.    The 
Americans  had  chosen  to  be  aliens  to  England ;  they  could  not 
complain  of  being  taxed  like  aUens,  but  they  awoke  to  demand 
powers  of  retaliation. 

The  country  began  to  be  in  earnest  as  it  summoned  con- 
gress to  change  its  barren  discussions  for  efficient  remedies. 
The  ever  increasing  voice  of  complaint  broke  out  from  the 
impatient  commercial  towns  of  the  northern  and  central  states. 

*  SIcctchea  of  American  Policy  by  Noah  Webster,  pp.  32-38. 
t  Pclatiah  Webster's  Essays,  Edition  1791,  266,  267,  note. 
X  E.  Dancroft  to  W.  Frascr,  8  November  1783. 


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138    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  oh.  iv. 

On  the  eleventh  of  January  1785,  the  day  on  which  congress 
established  itself  in  New  York,  the  artificers,  tradesmen,  and 
mechanics  of  tbat  city,  as  they  gave  it  a  welcome,  added  these 
brave  words :  "  We  hope  our  representatives  will  coincide  with 
the  other  states  in  augmenting  your  power  to  every  exigency 
of  the  union."  ^  The  T>^ew  York  chamber  of  commerce  in 
like  manner  entreated  it  to  make  the  commerce  of  the  United 
States  one  of  the  first  objects  of  its  care,  and  to  counteract  the 
injurious  restrictions  of  foreign  nations,  f  The  New  York 
legislature,  then  in  session,  imposed  a  double  duty  on  all  goods 
imported  in  British  bottoms.  ^ 

On  the  twenty-second  of  March  1785  a  bill  to  "protect 
the  manufactures"  of  Pennsylvania  by  specific  or  ad  valorem 
duties  on  more  than  seventy  articles,  among  them  on  manufac- 
tures of  iron  and  steel,  was  read  in  its  assembly  for  the  second 
time,  debated  by  paragraphs,  and  tben  ordered  to  be  printed 
for  public  consideration.*     The  citizens  of  Philadelphia,  re- 
calling the  usages  of  the  revolution,  on  the  second  of  June 
held  a  town-meeting ;  and,  after  the  deliberations  of  their  com- 
mittee for  eighteen  days,  they  declared  that  relief  from  the 
oppressions  under  which  the  American  trade  and  manufac- 
tures languished  could  spring  only  from  the  grant  to  congress 
of  full  constitutional  powers  over  the  commerce  of  the  United 
States ;  that  foreign  manufactures  interfering  with  domestic 
industry  ought  to  be  discouraged  by  prohibitions  or  protective 
duties.     They  raised  a  committee  to  lay  their  resolutions  in  the 
form  of  a  petition  before  their  own  assembly,  and  to  correspond 
with  committees  appointed  elsewhere  for  similar  purposes.     On 
the  twentieth  of  September,  after  ths  bill  of  the  Pennsylvania 
legislature  had  been  nearly  six  months  under  consideration  by 
the  people,  and  after  it  had  been  amended  by  an  increase  of 
duties,  especially  on  manufactures  of  iron,  and  by  a  discriminat- 
ing tonnage  duty  on  ships  of  nations  having  no  treaty  of  com- 
merce with  congress,  it  became  a  law  i|  with  general  acclamation. 

*  MS.  vol.  of  Remonstrances  and  Addresses,  343. 
t  MS.  vol.  of  Remonstrances  and  Addresses,  351. 

X  Chief  Justice  Smith's  extract  of  letters  from  New  York.     MS. 

*  Pennsylvania  Packet,  13  May  1786. 

\  The  Act  appears  in  full  in  Pennsylvania  Packet  of  22  September  1786. 
Van  Berckel's  report  to  the  States-General,  4  October  1786. 


1  '  i 


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1786.  REGULATIOJf  OF  COMMERCE.    FIFTH  COXGRESS.     139 

Pennsylvania  had  been  cheered  on  its  way  by  voices  from 
Boston.     On  the  eighteenth  of  April  the  merchants  and  trades, 
men  of  that  town,  meeting  in  Faneuil  Hall,  established  a  com- 
mittee of  correspondence  with  merchants  of   other  towns 
bound  themselves  not  to  buy  British  goods  of  resident  British 
factors,  and  prayed  congress  for  the  needed  immediate  relief  * 
Their  petition  was  reserved  by  congress  for  consideration  when 
the  report  of  its  committee  on  commerce  should  be  taken  up 
Ihe  movement  in  Boston  penetrated  every  class  of  its  citizens^- 
Its  artisans  and  mechanics  joined  the  merchants  and  tradesmen 
m  condemning  the  ruinous  excess  of  British  importations.     To 
these  proceedings  Grayson  directed  the  attention  of  Madison  f 
On  the  tenth  of  May  the  town  of  Boston  elected  its  repre- 
sentatives to  the  general  court,  among  ^hem  Hancock,  whose 
health  had  not  permitted  him  to  be  a  candidate  for  the  place 
of  governor.     Two  years  before,  Boston,  in  its  mandate  to  the 
men  of  its  choice,  had,  m  extreme  language,  vindicated  the 
absolute  sovereignty  of  the  state  ;  the  town,  no  longer  wedded 
to  the  pride  of  independence,  instructed  its  representatives  in 
this  wise:  Peace  has  not  brought  back  prosperity;  foreigners 
monopolize  our  commerce ;  the  American  carrying  trade  and 
the  American  finances  are  threatened  with  annihilation ;  the 
government  should  encourage  agriculture,  protect  manufac- 
tures, and  establish  a  public  revenue ;  the  confederacy  is  inade- 
quate to  its  purposes;  congress  should  be  invested  with  power 
competent  to  the  wants  of  the  country;   the  legislature  of 
Massachusetts  should  request  the  executive  to  open  a  corre- 
spondence with  the  governors  of  aU  the  states ;  from  national 
unanimity  and  national  exertion  we  have  derived  our  free- 
dom ;  the  joint  action  of  the  several  parts  of  the  union  can 
alone  restore  happiness  and  security. ;{: 

No  candidate  for  the  office  of  governor  of  Massachusetts 
having  for  that  year  received  a  majority  of  the  votes  of  the 
people,  the  general  court,  in  May  1785,  made  choice  of 
James  Bowdoin,  a  veteran  statesman  who  thirty  years  before 
nad  distinguished  himself  in  the  legislature  by  a  speech  in 
favor  of  the  union  of  the  colonies.     He  had  led  one  branch  of 

*  Journals  of  Congress,  iv.,  616,  617.         f  Grayson  to  Madison,  1  May  1.785. 
i  Boston  Town  Records.    MS. 
VOL.  VI.— 11 


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140    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.iv. 

the  government  in  its  resistance  to  British  usurpations ;  and, 
when  hostilities  broke  out,  he  served  his  native  state  as  presi- 
dent of  its  supreme  executive  council  till  the  British  were 
driven  from  the  commonwealth.     His  long  years  of  public  ser- 
vice had  established  his  fame  for  moderation,  courage,  consist- 
ency, and  uprightness.    A  republican  at  henrt,  he  had  had  an 
important  share  in  framing  the  constitution  of  Massachusetts. 
In  his  inaugural  address  he  scorned  to  complain  of  the  restrict- 
ive policy  of  England,  saying  rather :  Britain  and  other  na- 
tions have  an  undoubted  right  to  regulate  their  trade  with  us ; 
and  the  United  States  have  an  equal  right  to  regulate  ours  with 
them.     Congress  should  be  vested  with  all  the  powers  neces- 
sary to  preserve  the  union,  manage  its  general  concerns,  and 
promote  the   common  interest.     For  the  commercial  inter- 
course with  foreign  nations  the  confederation  does  not  suffi- 
ciently provide.     "  This  matter,"  these  were  his  words,  "  mer- 
its your  particular  attention ;  if  you  think  that  congress  should 
be  vested  with  ampler  powers,  and  that  special  delegates  should 
be  convened  to  settle  and  define  them,  you  will  take  measures 
for  such  a  convention,  whose  agreement,  when  confinned  by 
the  states,  would  ascertain  those  powers." 

In  reply,  the  two  branches  of  the  legislature  jointly  pledged 
" their  most  earnest  endeavor"  to  establish  "the  federal  gov- 
er  :;ment  on  a  firm  basis,  and  to  perfect  the  union ; "  and  on  the 
first  day  of  July  the  general  court  united  in  the  following 
resolve :  "  The  present  powers  of  the  congress  of  the  United 
States,  as  contained  in  the  articles  of  confederation  >  are  not 
fully  adequate  to  the  great  purposes  they  M'ere  originally  de- 
signed to  eilect."  * 

That  the  want  of  adequate  powers  in  the  federal  govera- 
ment  might  find  a  remedy  as  soon  as  possible,  they  sent  to  the 
president  of  congress,  through  their  own  delegation,  the  reso- 
lution which  they  had  adopted,  with  a  circular  letter  to  be 
forwarded  by  him  to  the  supreme  executive  of  each  state ;  and 
they  further  "  directed  the  delegates  of  the  state  to  take  the 
earliest  opportunity  of  laying  them  before  congress,  and  mak- 
ing every  exertion  to  carry  the  object  of  them  into  eflect."  f 

*  Massachusetts  Resolve,  Ixxvi.,  in  Resolves,  July  178C,  33,  89. 
f  Massacliusctts  Resolve,  Ixxii. 


1785. 


REGULATION  OF  COMMERCE.    FIFTH   CONGRESS, 


141 

In  concert  with  New  Hampsliire,  and  followed  by  Rhode 
Island,  they  passed  a  navigation  act  forbidding  exports  from 
their  harbors  in  British  bottoms,  and  estabhshing  a  discrimi- 
nating tonnage  duty  on  foreign  vessels ;  *  but  only  as  "  a  tem 
porary  expedient,  until  a  well-guarded  power  to  regulate  trade 
shall  be  intrusted  to  congress."  f   Domestic  manufactures  were 
protected  by  more  than- a  fourfold  increase  of  duties ;  ±  and 
congress  was  requested  to  recommend  a  convention  of  dele- 
gates from  all  the  states  to  revise  the  confederation  and  report 
how  far  It  may  be  necessary  to  alter  or  enlarge  the  same    in 
union  "  #  '"''""^  ''''^  perpetuate  the  primary  objects  of  the 

In  August,  the  council  of  Pennsylvania  and  Dickinson,  its 
president,  m  a  message  to  the  general  assembly,  renewed  the 
recommendation  adopted  in  that  state  two  years  before,  say- 
mg :  We  again  declare  that  further  authorities  ought  to  be 
vested  in  the  federal  council;  may  the  present  dispositions 
lead  to  as  perfect  an  establishment  as  can  be  devised."  || 

To  his  friend  Bowdoin  John  Adams  wrote :  "  The  Mnssa 
chusetts  has  often  been  wise  and  able ;  but  she  never  took  a 
deeper  measure  than  her  late  navigation  act.  I  hope  she  will 
persist  m  it  even  though  she  should  be  alone."  ^ 

The  nation  looked  to  congress  for  rehef.  In  1770  James 
Monroe  left  the  college  of  William  and  Mary  to  enter  the 
army;  when  but  nineteen  he  gained  an  honorable  wound  and 
promotion ;  and  rapidly  rose  to  the  rank  of  colonel.  Jefferson 
m  1781  ^described  him  as  a  Virginian  "  of  abilities,  merit,  and 
fortune,  and  as  "his  own  particular  friend."  ^  In  1782  he 
was  of  the  assembly  of  Virginia;  and  was  chosen  at  three-and- 
twenty  a  member  of  the  executive  council.  In  1783  he  was 
elected  to  the  fourth  congress,  and  at  Annapolis  saw  Abashing- 

*  Annual  Register,  xxvii,  350.     Pennsylvania  Packet  of  18  July  1785  has  tho 
MasKachusctts  act,  and  of  20  July  that  of  New  Hampshire. 

t  Bowdoin's  circular  of  28  July,  enclosing  the  act.     MS. 

t  Bradford's  Massachusetts,  ii,  244  ;  Pennsylvania  Packet,  19  July  1V85 

*  Massachusetts  Pesolves,  Ixxvi,  1  July  nss.    Resolves  of  the  General  Court 

p.  OO.  ' 

I  Minutes  of  Pennsylvania  Council,  25  August  1T85.     Colonial  Records,  xW. 
.  ,  ^  ^  ^^""18  to  Governor  Bowdoin,  2  September  1785.     MS 

V  JcEfcrson  to  FiaukUn,  5  October  1781. 


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143    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  n.ii.;  on.  iv. 

ton  rcsi^  his  coinniissioii.     When   Jefferson   embarked  for 
Franco,  ho  remained,  not  tho  al^leat,  bnt  the  most  conspicuons 
reprcsontativo  of  Virginia  on  tho  floor  of  congress.    He  songlit 
the  friendship  of  nearly  every  leading  statesman  of  his  com- 
monwealth ;  and  every  one  seemed  glad  to  call  him  a  friend. 
It  was  hard  to  say  whether  ho  was  addressed  with  most  affec- 
tion by  Jefferson  or  by  John  ISiarshall.     His  ambition  made 
him  jealous  of  Eandolph ;  tho  precedence  of  Madisoii  ho  ac- 
knowledged, yet  not  so  but  that  ho  might  consent  to  become 
his  rival.     To  Eichard  Henry  Leo  he  turned  as  to  one  from 
whose  zeal  for  liberty  ho  might  seek  tho  confirmation  of  hia 
own. 

Everybody  in  Virginia  resented  tho  restrictive  policy  of 
England.  Monroe,  elected  to  tho  fifth  congress,  embarked  on 
the  tide  of  the  rising  poi)ular  feeling.  He  was  willing  to  in- 
vest tho  confederation  with  a  perpetual  grant  of  power  to  regu- 
late commerce ;  but  on  condition  that  it  should  not  bo  exer- 
cised withouL  the  consent  of  nine  states.  He  favored  a  revenue 
to  be  derived  from  imports,  })rovided  that  the  revenue  should 
bo  collected  under  the  authority  and  pjiss  into  the  treasury  of 
the  state  in  which  it  should  accrue.* 

He  from  tho  first  applauded  the  good  temper  and  propriety 
of  tlio  new  congress,  the  comprehensiveness  of  mind  with 
which  they  attended  to  the  public  interests,  and  their  inclina- 
tion to  tho  most  general  and  liberal  principles,  which  seemed 
to  him  "  really  to  promise  great  good  to  the  union."  They 
showed  the  like  good-will  for  him.  On  bringing  forward  tho 
all-important  motion  on  commerce,  they  readily  referred  it 
to  himself  as  tho  chief  of  tho  connnittec,  with  four  associates, 
of  whom  Spaight  from  North  Carolina,  and  Houston  from 
Georgia,  represented  the  South ;  King  of  Massachusetts,  and 
Johnson  of  Connecticut,  the  North. 

The  complaisant  committee  lent  their  names  to  the  pro- 
posal of  IMonroe,  whose  rc])ort  Avas  read  in  congress  on  the 
twenty-eighth  of  ]\rarch.t     It  was  to  be  accompanied  by  a 

*  Monroe  to  Jofforaon,  M  December  nsi, 

t  Sparks,  ix.,  COS,  gives  the  report  in  its  first  fomi ;  Iiia  date,  however,  is 
erroneous,  from  a  misunderstandlnj;  of  a  letter  of  Grayson,  in  Letters  to  Washing- 
ton, iv.,  102,  103.    Tho  day  on  which  tho  report  was  made  is  not  certain ;  the  day 


ipfl 


1785.    REGULATION  OF  COMMERCE.    FTFTn  CONGRESS.    Un 

letter  to  be  addressed  to  the  logiHlaturos  of  the  several  states 
cxphihiing  and  recommending  it;  and  the  fifth  day  of  April 
was  assigned  for  its  consideration. 

But  it  was  no  part  of  Monroe's  ]>lan  to  press  the  matter  for 
a  decision.     ''■  It  will  be  best,"  so  he  wrote  to  Jefferson,  «to 
postpone  this  for  tlie  present;  its  adoption  must  depend  on  the 
several  Icgislatin-es.     It  hatli  been  brought  so  far  without  a 
prejudice  against  it.     If  carried  farther  hero,  I  fear  prejudices 
will  take  place.     It  proposes  a  radical  change  in  the  whole 
system  of  our  government.     It  can  be  carried  only  by  thorough 
investigation  and  a  conviction  of  every  citizen  that  it  is  right. 
The  slower  it  moves  on,  therefore,  in  my  opinion,  the  better."  * 
Jefferson,  as  ho  was  passing  through  Boston  on  his  way  to 
Franco,  had  shown  pleasure  at  finding  "  the  conviction  grow- 
ing strongly  that  nothing  could  preserve  the  confederacy  unless 
the  bond  of  union,  their  common  council,  should  be  strcagth- 
cned."  t     He  now  made  answer  to  the  urgent  inquiries  of 
Monroe :  «  The  interests  of  the  states  ought  to  be  made  joint 
in  every  possible  instance,  in  order  to  cultivate  the  idea  of  our 
being  one  nation,  and  to  multiply  the  instances  in  which  the 
people  shall  look  up  to  congress  as  their  head."     He  approved 
-Monroe's  report  without  reservation  ;  but  wished  it  adopted  at 
once,  "  before  the  admission  of  western  states."  ^ 

Months  passed  away,  but  still  the  subject  was  not  called  up 
in  congress;  and  the  mind  of  Monroe  as  a  southern  statesman 
became  shaken.  The  confederation  seemed  to  him  at  present 
but  little  more  than  an  offensive  and  defensive  alliance,  and  if 
the  right  to  raise  troops  at  pleasure  was  denied,  merely  a  defen- 
iuvc  one.  His  report  would  put  the  commercial  economy  of 
every  etatc  entirely  and  permanently  into  the  hands  of  the 

on  whidi  it  was  road  was  certainly  tl.c  2ath  of  jrarcli.  The  report  of  tlic  commit- 
too  13  m  tl.c  volun.o,  "Reports  of  (;oinmittccs  on  Inercasin-  tlic  Powers  of  Con- 
gross,"  p.  125,  witli  a  copy  in  print.  Tlic  few  corrections  that  have  been  made  in 
the  copy  are  In  the  liandwritin-  of  Monroe.  The  State  Dcpt.  MS.  copy  is  in- 
dorsod:  Report  of  Mr.  Monroe,  Mr.  Spai-ht,  Mr.  Houston,  Mr.  Johnson,  Mr.  Kinj^. 
Fee  1 1  Ararch— to  grant  congress  power  of  rcgulutiiig  trade.  Entered— read  28 
JIarch  1705.     Tuesday,  April  5,  assigned. 

*  Monroe  to  Jefferaon,  New  York,  12  April  1785. 

f  JetTcrson  to  Madison,  Doston,  1  July  1781. 

i  Jefferson  to  Monroe,  Pari.'*,  17  June  17S5.    Jefferson,  i.,  347. 


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144    0^  THE  WAY  TO  A  FEDERAL  CONVENTION.  B.n.;  on.iv. 

union ;  which  might  then  protect  the  carrying  trade,  and  en- 
courage domestic  industry  by  a  tax  on  foreign  industry.  IIo 
asked  himself  if  the  carrying  trade  would  increase  the  wealth 
of  the  South;  and  he  cited  "a  Mr.  Smith  on  the  Wealth  of 
Nations,"  as  having  written  "that  the  doctrine  of  the  balance 
of  trade  is  a  chimera."  * 

The  southernmost  states  began  to  reason  that  Maryland  had 
a  great  commercial  port,  and,  like  Delaware,  excelled  in  naval 
architecture;    and  these,   joining  the  seven  northern  states, 
might  vote  to  themselves  the  monopoly  of  the  transport  of 
southern  products.     Besides,  Virginia,  more  than  any  other 
state  m  the  union,  was  opposed  to  the  slave-trade  ;  and  Vir- 
gmia  and  all  north  of  her  might  join  in  its  absolute  prohibi- 
tion.    The  three  more  southern  states  were,  tlierefore,  unwill- 
ing to  trust  a  navigation  act  to  the  voice  even  of  ten;   and  in 
his  report  Monroe  substituted  eleven  states  for  hio  first  pro- 
posal of  nine.f 

At  last,  on  the  thirteenth  and  fourteenth  of  July,  the  re- 
port was  considered  in  a  committee  of  the  whole.     It  was  held 
that  the  regulation  of  trade  by  the  union  was  desirable,  because 
It   would   open  a   way    to    encourage  domestic   industry  by 
imposing  a  tax  upon  foreign  manufactures;   because  it  was 
needed  in  order  to  secure  reciprocity  in  commercial  intercourse 
with  foreign  nations;  because  it  would   counteract   external 
commercial  influence  by  establishing  a  commercial  interest  at 
home;   and  because  it  would  prepare  the  way  for  a  navy 
These  ends  could  never  be  obtained  unless  the  states  should 
act  m  concert,  for  their  separate  regulations  would  impede  and 
defeat  each  other. 

The  opponents  of  the  measure  left  their  cause  in  the  hands 
ot  Eichard  Henry  Lee,  as  their  only  spokesman  ;  and  his  ma- 
ture age,  courteous  manner,  skill  as  an  orator  and  debater,  and 
Ins  rank  as  president  of  congress,  gave  him  great  authority. 
He  insisted  that  the  new  grant  of  power  would  endanger  pub- 
lic liberty;  that  it  would  be  made  subservient  to  further  at- 
tempts to  enlarge  the  authority  of  the  government;  that  the 
concentration  of  the  control  of  commerce  would  v^t  the  coun- 
try more  in  the  power  of  other  nations ;  that  th.  .ntercsts  of 
*  Monroe  to  Jcflforson,  ]  6  Juno  1 785.  f  Monroe  to  Madis 


lison,  26  July  1785. 


<^m 


1785.    REGULATION  OF  COMMERCE.    FIFxH  CONGRESS.    I45 

the  NoHh  were  different  from  the  interests  of  the  South ;  that 
the  regulation  of  trade  which  suited  the  one  would  not  suit  the 
other;  that  eight  states  were  interested  iu  the  carryii...  trade 
and  would  combine  together  to  ^^ackle  and  fetter  the  five 
southern  states,  which,  without  having  shipping  of  their  own, 
raised  the  chief  staples  f(  r  exportaiion;  and,  finally,  that  any 
attempt  whatever  at  a  change  in  the  articles  of  confederation 
had  a  tendency  to  weaken  the  union. 

In  these  objections  Lee  was  consistent.  He  pressed  upon 
Madison,  with  oamest  frankness,  that  power  in  congress  to 
legislate  over  the  traue  of  the  union  would  expose  the  five 
staple  spates,  from  their  want  of  ships  and  seamen,  to  a  most 
permcious  and  destructive  monopoly;  that  even  the  purchase, 
as  well  as  the  car  -ing,  of  their  produce,  might  be  at  the  mercy 
of  the  East  and  the  North;  and  that  the  spirit  of  commerce 
throughout  the  world  is  a  spirit  of  avarice.* 

A  plan  of  a  navigation  act  originated  with  McHenry  of 
Maryland ;  but  it  came  before  congress  only  as  a  subject  of 
conversation.  Nothing  was  done  witli  the  report  of  Monroe 
who  said  of  it :  «  The  .onger  it  is  delayed,  the  more  certain  is 
Its  passage  through  the  several  states  ultimately ;» f  and  his 
committee  only  asked  leave  to  sit  again.  "We  have  nothing 
pleasmg  in  prospect,"  wrote  Jacob  Read  to  Madison;  "and,  if 
in  a  short  time  the  states  do  not  enable  congress  to  act  with 
vigor  and  put  the  power  of  compulsion  into  the  hand  of  the 
union,  I  think  it  almost  time  to  give  over  the  form  of  what  I 
cannot  consider  as  an  efficient  government.  We  want,  greatly 
want,  the  assistance  of  your  abilities  and  experience  in  con- 
gress ;  one  cannot  help  drawing  comparisons  between  the  lan- 
guage of  1783  and  1785."  ^ 

From  the  delegation  of  Virginia  no  hope  could  spring ; 
but  the  state  which  exceeded  all  others  in  the  number  of  its 
freemen  and  in  age  was  second  only  to  the  Old  Dominion,  had 
directed  its  delegates  to  present  to  congress,  and  through  con- 
gress to  the  states,  an  invitation  to  meet  in  a  convention  and 


*  R.  II.  Leo  to  Madison,  11  August  1785. 
to  Madison,  2G  July  1785. 


Rives,  ii.,  31,  32.     Compare  Monroe 


f  Jlonroe  to  Jefferson,  15  August  1785. 

i  Jacob  Read  of  South  Carolina  to  Madison,  29  August  1 785. 


f 

1 

1 

■  1 ' 

ir    ; 

i 

■                  i 

:  i  -     i 

Mrr:  v:l 

i    i 

nii''>: 

4 ' 

»       .     ■: 

I 


i  -IP 


140    ON  TIIK  WAY  TO  A  KKDKIIAL  OONVKNTFON. 


11.  u. ;  on.  rv. 


rovi'so  Mm  coiifc'dcrat 


ICiii^  siiw  lit  to  (liHohrv  tlidr  iiiKtnict 


Ion.     And  now  Ocrry,  lloUm,  and  Knfus 


ioiiH,  and  HiippiT.sKod  tlio 


iU'iH  nnd  resolves  of  MaswichuKottH,  writing:  *' Any  all 

or  (lio  ronfi>d,.ra(lon  Is  pivniiilnro;  tlio  j^mnt  of  oonnnciv.ial 
powtT  i4i,.nld  lu^  (rni|)orai*y,  likt^  tlio  propositi  tmilicw  will» 
'inn»pi«an  powors;  an<l  for  its  adojWion  hIduM  doprnd 


1 


oxpc<ri(Mi(H>  of  its  bcni'licial   rosulls.     I 


on  un 


owor  over  ooininorcc. 


oni'o  (h>loo!,u<d  („  IhoconfodiM-alion,  can  novor  bo  rov<.l<t>d  but 
by  tlio   iinaninions  consont  of  lli.<  slatty..     To  mok  a  n«forin 
<liron-l.  a  convontion  is  a  vi«.la(i«»n  of  tl,o  riol.ls  of  congroHS, 
an.!,  as  a  nianifrstafion  of  a  want  .)f  conlidonco  in  tboni,  nuiBt 
nuvl  (hoir  disapprobation.     A  furll.or  <p.ostion  arises  whotl.cr 
tl.o  (•onvonti..n  sl.otdd  n>viso  tl.o  const itti(i„n  -cncrally  or  only 
lor  («xprcss  pnrposcs.     Macli  of  Hio  slates  in  fonnin-.' ifm  own 
as  w(^ll  as  <lu>  federal  constitntion,  luus  ad,.plvd  repnblican  prin- 
ciples; y,.|    plans  havo  been  laid  which  wonid  havc^  chan^cul 
onr   repnblican  ^-overnment   into   balefnl   arislocracios.     Tho 
f^anie  spirit  remains  in  thoir  abettors.     The  inslitntion  of  tho 
(^ncinnati  will  have  th.^  same  tendency.    The  rotation  of  in(>n.- 
bers  is  the  best  check  to  corrnplion.     Tho  nxinireinent  of  tho 
unannnons  consent  of  the  le^islatnres  of  Iho  states  f(.r  alt(>rin^^ 
tho  confederation  t>irecliially  prevents  innovations  bv  intri-no 
or  snrj.risi^.     The  cry  for  more  powt>r  in  cono-ress  c()nies  espo- 
oially  li-oni  those  whoso  views  ari>  extended  to  an  aristocracy 
that  will  airord  lucrative  employments,  civil  and  military,  anil 
re(pn*iv  a  standin^r  „rniy,  pensioners,  atid  placemen.     The  pivs- 
ent  confederation  is  preferable  to  the  risk  of  general  dissc'n- 
sions  and  animosities."  •'* 

Howdoin  replied :  -  If  in  the  nnion  discordant  principles 
make  it  luuanlons  to  intrnst  coni,nvss  vcith  powers  necessary  to 
its  well-bein^,  the  nnion  cannot  long  subsist."!  <H>rry  and 
Kin-  ivjoinoil:  "The  best  and  surest  m.nle  of  obtaining  an 
addition  to  the  powers  of  congress  is  to  make  the  jHnvers  tem- 
porary in  the  tii-st  instance.  If  a  convention  of  the  states  is 
necessary,  its  niembei-a  should  be  contined  to  tho  revision  of 

•  This  i^npor,  nnJ  a  letter  wliich  invmloil  it  of  18  AuRiist  K8.\  I  found  only 
ft!<  ivp.od  i„to  .ho  Letter  Hook  in  tho  olHee  of  tl,.-  Seorotnry  of  State  of  Massu- 
chusotts.  Letter  l?ook,  viii.,  SOI,  '20."!,  21(V.'Ji;j. 

t  IJowdoiu  to  Massaohusetts  Dolejjates  in     JugreL's,  U  Oetohcr  17S5. 


I78fl.    IJKdULATION  OF  COMMKIICK.    KrKTII  CONGRKSH.    I47 

Buc!.  parfH  of  tl.o  rAmfoihmdUm  m  iiro  HiippoHcd  dofciotivo  •  and 
not  iiifniHtod  with  u  /ronoral 


n^^lil;  to  ivpoH,  a  pluti  of  fodi-nil 


rovi.sioti  of  tlio  articles  and  tl 


^n)vcnmi(iiit  cHHonlially  di(Tor- 


otit  froin  tho  r((piil,li(.iui  form  now  iid.niniHtonid."-'* 


TI.OHo  lottcrH  of  (J,,rry  ai„I  Ki„,r  „„,h  witl.  tl 


of  vSariiii(!l  A(lainH,f  and  hud 


10  c-oiiciirronco 


Ho 


court  an  to 


niijcli  w(!i<rlit  with  tho  gonural 


Htny  ||,H  further  action.     Nor  did  th(!  evil  end  tl 


loro. 


All  tho  argiMMonlH  and  ii.HinuationH  a-ainnt  a  now  conntitution 
m  m.ro  to  nnpcrHodo  ropni.lican  ^r,>vornn,ont  by  a  corn.pt  and 
vva.stofnl  ariHtocracy,  worn  carried  into  ovcry  village  in  Massa- 
(•liUHotts,  ns  tho  porHiHt..,.t  jndgnun.t  of  their  rcprcsontativos  in 
congroas  with  tho  assent  of  tho  homo  l(>gi.s1atnr(>. 

It  rcmain.ul  to  hoo  if  anything  co.dd  come  from  nogotia- 
tionH  m  Knropc,     A  treaty  with  Knglund  wa.s  in  i.nportanco 
paran.ount  to  a  I  others.     In  mil  Adams  with  .Jay  had  croBsod 
tho  channel  to  Knglan.l,  l,„t  luid  boon  received  with  coIdncH. 
Tl.o  assent  of  the   United  States  to  tho  definitive  treaty  of 
I)oaco  was  long  dc>lay(,d  by  tho  dinicnity  of  assembling  in  con- 
gress nnu,  states  for  ils  conlirnmtion.     At  length,  on  the  twelfth 
ot  May  1781,  the  exchange  of  ratifications  took  place  at  Paris 
i  ho  M-ay  bomg  thus  opened,  tho  three  American  co.n.nissioncra 
for  negotmting  treaties-Franklin,  John  Adams,  and  JeirorHon 
-...formed  the  duke  of    Dorset,  then   Hritish  anibassador  at 
iaris,  that  they  had  f.dl  powers  to  negotiate  a  conunercial 
treaty  with  Croat  Hritain,  and  for  that  end  wcro  rcndv  to  repair 
to  l.ondon.     The   HritiMh  govermnent  consulted  tho  EuLdish 
n.orchant^  trading  with  North  America;  and  near  tho  oiul  of 
March  of  tho  following  year  tho  duke  answen.d :  "I  have 
boon  ins^trnctod  to  lear.i  from  you,  go,>tlemen,  ^vhat  is  tho  real 
nature  of  tho  ])owor8  with  .vhlch  you  arc  invested :  whetlier 
you  are  merely  connnissioned  by  congress,  or  have  received 
Hcparate  powers  from  tho  separate  states.    Tho  apparent  deter- 
i..ina,t.onof  tho  rcspcc;tive  states  to  regulate  their  own  separate 
n.torests  renders  it  absolutely  ne(.^ssary,  toward  forming  a  per- 
manent  system  of  co.mnerce,  that  my  court  sho.dd  be  infonned 
now  tar  tho  conunissionors  can  bo  duly  authorized  to  enter  into 

*  Oorry  and  Ki„g  to  Governor  nowdoin,  2  Novon.bcr  1780 
t  A,Ian,s  to  (Jerry,  19  September  1785,  in  reply  to  a  letter  from  Gerry  of  8 
bpptember.  ' 


1  T 

'  ^1 

'•         i 


54;!  ai  I 


!  ':|ii; 

■Hi 

' 

B;' ' 

i  ^i 

-:     ■•  ! 

J         .  ■ 

!    - 

1 

') 

? 

,  ^' ■ 

1 

,      [ 

i 

7;vf   :  ? 

1      ' 

■  m 

i    If.; 


,)'» 


f  .  1 


148    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  d.ii.;  on.  17. 

any  engagements  with  Groat  Britain,  which  it  may  not  ho  in 
tlio  power  of  any  one  of  the  Bfutes  to  render  totally  fruitless 
and  ineffectual." 

When  Franklin,  iikinij  wllh  him  the  love  of  Franco,^  pre- 
pared to  sail  for  Anioricu,  congress,  hreaking  \ip  their  trium- 
viral  commission  in  Europe,  appointed  Jelferson  to  bo  minister 
to  France,  Jolui  Adams  to  Great  Jjritain.     Adams  gave  the 
heartiest  welcome  to  his  "  old  friend  and  coadjutor,"  in  whom 
ho  found  undiminished  "industry,  intolUf^onco,  and  talents," 
and,  full  of  courage  if  not  of  hope,  hastened  to  London.     On 
the  first  day  of  June  Lord  Garmarthcn,  the  secretary  of  state, 
presented  him  to  the  king.     Delivering  his  credentials,  ho  in 
perfect  sincerity  declared  :  "  I  shall  esteem  myself  the  happiest 
of  men  if  1  can  be  instrumental  in  recommending  my  country 
more  and  more  to  your  Majesty's  royal  benevolence,  and  of 
restoring  the  old  good  nature  and  the  old  good  humor  between 
people  who,  though  separated  by  an  ocean  and  under  diiferent 
governments,  have  the  same  language,  a  similar  religion,  and 
kindred  blood." 

The  king  answered  with  more  tremor  than  the  bold  repub- 
lican had  shown :  "  I  wish  it  understood  in  America  that  I 
have  done  nothing  in  the  late  contest  but  what  I  thought  my- 
self indispensably  bound  to  do  by  the  duty  which  I  owed  to 
my  people.     I  will  be  very  frank  with  you.     I  was  the  last  to 
consent  to  the  separation;   but,  the  separation  having  been 
made,  I  have  always  said,  as  I  say  now,  that  I  would  be  the 
first  to  meet  the  friendship  of  the  United  States  as  an  independ- 
ent power.     The  moment  I  see  such  sentiments  and  language 
as  yours  prevail,  and  a  disposition  to  give  to  this  country  the 
preference,  that  moment  I  shall  say,  let  the  circumstances  of 
language,  religion,  and  blood  have  their  natural  and  full  ef- 
fect." t 

The  suggestion  of  a  preference  by  treaty  was  out  of  place. 
The  English  had  it  without  a  treaty  by  their  skill,  the  recipro- 
cal confidence  of  the  merchants  of  the  two  nations,  and  the 
habits  of  the  Americans  who  were  accustomed  only  to  the  con- 
sumption of  British  goods.     But  a  change  had  come  over  the 

*  Rayncval  to  Franklin,  8  Jlay  lISo.    Diplomatic  Correspondence,  ii.,  47. 
f  Diplomatic  Correspondcnco,  iv.,  200,  201. 


IW.    IIEGULATION  OP  OOMMEHCE.    FIFTH  COIfGRESS.    Uj, 

Bpirit  of  England.  Bcforo  ti.e  end  of  thrco  ycara  of  pea™  all 
.■o»pee  and  regard  for  An.erica  wero  changed  into  bitter  di" 
content  at  ito  mdependenee,  and  a  disbelief  in  its  capacity  to 
estabhsh  a  firm  govennnont.  The  national  jndg.nent  and 
popnlar  vo.ee,  as  exprcBsed  in  paniphleto,  new8pa,»,-s,  coffee- 
houses,  t,e  streets,  and  in  both  house,  of  parliLnent,  had 
grown  „,to  an  unchangeable  determination  to  n.aintaln  against 
them  the  nav.gafon  acts  and  protective  duties,  and  neithtrtho 

them.^   Great  liritam  was  sure  of  its  power  of  attracting 
Amencan  commerce,  and  belioved  that  the  Americaii  statct 

often  afhrmed  by  the  refugees,  and  Englislnnen  had  so  often 
repeated  them  to  one  another,  that  to  argue  against  it  was  1  ko 
breatlung  agan.st  a  trade  wind.  "I  may  re^on  till  I  die  o 
no  purpose,-  wrote  Adams;  "it  is  unanimity  in  Am  ri  a 
wh,eh  w,ll  produce  a  fair  treaty  of  commerce."  \et  1  o  Z 
sented  to  Carmarthen  a  draft  of  one,  though  without  hopi  of 
success.  It  rested  on  principles  of  freedom  and  reciprocity 
and  die  prmc.ples  of  the  armed  neutrality  with  regai-d  to  ncu 
trill  vessels.  ^        « "w.u 

Like  Franklin,  like  Jellerson,  like  JMadison,  be  was  at  licait 
or  free  trade  "  I  should  be  sorry,"  said  be  to  bis  friend  M- 
fcrson,  to  adopt  a  monopoly,  but,  driven  to  the  necessity  of 
It,  1  would  not  do  tilings  by  balves."  f  «If  monopolies  and 
oxelusions  are  tbe  only  arms  of  defence  against  monopolies  and 
exclusions,  I  would  venture  upon  tbem  witbout  fear  of  oifeiid- 
ing  Dean  lucker  or  tbe  gbost  of  Doctor  Quesnay."  "But 
means  of  preserving  ourselves  can  never  be  secured  until  con- 
gress sball  be  made  supreme  in  foreign  commerce."  ± 

.Jl.  r'^"  t^T'^  '^  "^"^"^'^  ^^^^"  *^^«  adjournment  of 
parliament  brougbt  leisure,  Adams,  tben  fifty  yeai  of  age,  met 

the  you  bful  prime  minister  of  Britain.     Pittf  as  any  one  may 

ce  m  his  portrait  at  Kensington,  had  in  his  nature  far  morTof 

his  mother  than  of  the  great  Englishman  who  was  bis  father 

He  had  pnde,  but  suffered  from  a  feebleness  of  will  which  left 

*  Adams  to  Jay,  20  Juno  lYSS.     Works,  viii.,  276 

t  Adams  to  Jefferson,  1  Augu.st  1785.     Works,  viii.,  292 

?  -adam3  to  John  Jay,  lo  August,  ibid.,  299,  300 


150  ON  THE  WAY  TO  A  FEDERAL  CONVENTION. 


n.  n. ;  oic.  iv. 


I      :-'! 


■  '  )  '  'I 


vi 


him  the  prey  of  inferior  men.  Ills  own  chosen  measures  were 
noble  ones— peace,  commercial  relations  with  France,  the  im- 
provement of  tlie  public  finances,  the  payment  of  the  national 
debt.  In  the  ministry  of  Shelburne,  he  had  brought  in  a  bill 
to  promote  coininerce  with  America  by  modifying  the  naviga- 
tion act ;  in  his  own  he  abandoned  the  hopeless  attempt. 

Keverting  to  tlie  treaty  of  commerce  which  Adams  had 
proposed,  Pitt  asked :  "  What  are  the  lowest  terms  which  will 
content  America?"     Adams  replied  that  the  project  he  had 
communicated  would  secure  tlio  friendship  of  the  United  States 
and  all  the  best  part  of  tlieir  trade ;  the  public  mind  of  Amer- 
ica is  balancing  between  free  trade  and  a  navigation  act ;  and 
the  question  will  bo  decided  now  by  England;   but  if  the 
Americans  are  driven  to  a  navigation  act,  they  will  becomo 
attached  to  the  system.     «  Tlie  United  States,"  answered  Pitt, 
"are  forever  become  a  foreign  nation ;  our  navigation  act  would 
not  answer  its  end  if  we  should  dispense  with  it  toward  you." 
"  The  end  of  the  navigation  act,"  replied  Adams,  "  was  to  con- 
fine the  connncrco  of  the  colonies  to  the  mother  country ;  if 
carried  into  execution  against  us,  now  that  we  are  become  in- 
dependent, instead  of  confining  our  trade  to  Great  Britain,  it 
will  drive  it  to  other  countries."     "  You  allow  we  have  a  right 
to  impose  on  you  our  navigation  act,"  said  Pitt.    "  Certainly," 
answered  Adams,  "and  you  will  allow  we  have  a  correspond- 
ing right."     "  You  cannot  blame  Englishmen,"  said  Pitt,  "for 
being  attached  to  their  ships  and  seamen."     "  Indeed.  I  do 
not,"  answered  Adams;  "nor  can  you  blame  Americans  for 
being  attached  to  theirs."    Pitt  then  asked  plainly  :  "  Can  you 
grant  by  treaty  to  England  advantages  which  would  not  be- 
come immediately  the  right  of  France  ? "     «  We  cannot,"  an- 
swered  Adams;  "to  the  advantage  granted  to  England  with- 
out a  compensation  France  would  be  entitled  without  a  com- 
pensation; if  an  equivalent  is  stipulated  for,  France,  to  claim 
It,  must  allow  us  ilie  same  equivalent."    Pitt  then  put  the  ques- 
tion: "What  do  you  think  that  Great  Britain  ought  to  do?" 
And  Adams  answered :  "  This  country  ought  to  prescribe  to 
herself  no  other  rule  than  to  receive  from  America  everything 
she  can  send  as  a  remittance;  in  which  case  America  will  take 
as  much  of  British  productions  as  she  can  pay  for." 


irS5.    REGULATION  OF  COMMERCE.    FIFTH  CONGRESS.    Ifil 

Thoro  were  mutual  complaints  of  failure  in  observins  the 
conditions  of  the  peace.  Pitt  frankly  declared  "tlie  carfyin^ 
off  of  negroes  to  be  so  clearly  against  the  treaty  that  England 

fj'ing  It.     Iho  Brf,p.    ^  .vernmcnt,  yielding  to  tho  impor- 

Ifc/trA        •    •^'''    '^^^^"^  ^f  ^"-traders,  kept  poLs- 
Bion  of  the  American  v,.st8  at  the  West.     This  was  a  con- 
tinuanceof  war;   b.v.       rl  excused  it  on  the  ground  that,  in 
Virginia  and  at  east  two  other  states,  hindrances  still  remained 
m  the  way  of  British  creditors.     Congress  was  sincere  in  its 
efforts  to  obtain  for  them  relief  in  the  courts  of  the  states  ;  but 
^wanted  power  to  enforce  its  requisitions.     Moreover    the 
Virguna  legis  ature,  not  without  a  ground  of  equity,  delayed 
judgment  agamst  the  Virginia  debtors  until  an  offset  could  be 
made  of  the  indemnity  which  Pitt  himself  had  owned  to  be 
due  to  them  for  property  carried  away  by  the  British  in  disre- 
gard of  the  treaty  of  peace.    The  holding  of  the  western  posts 
had  no  connection  with  this  debt  and  no  proportion  to  it ;  for 
the  prohts  of  the  fur  trade,  thus  secured  to  Great  Britain,  in 
each  single  year  very  far  exceeded  the  whole  debt  of  which 
the  collection  was  postponed. 

The  end  of  tho  interview  was,  that  Pitt  enforced  the  navi- 
gation  acts  of  England  against  America  with  unmitigated  se- 
venty. For  the  western  posts,  Haldimand,  as  his  last  act,  had 
strengthened  the  garrison  at  Oswego,  and  charged  his  suc- 
cessor to  exclude  the  Americans  from  the  enormously  remu- 
nerative commerce  in  furs  by  restricting  transportation  on 
the  lakes  to  Bntish  vessels  alone.*  In  Febniaiy  of  the  next 
year  the  British  secretary  of  state  announced  that  the  posts 
would  be  retained  till  justice  should  be  done  to  British  cred- 
itors, f 

"  They  mean,"  wrote  Adams,  "  that  Americans  should  have 
no  ships,  nor  sailors,  to  annoy  their  trade."  "  Patience  will  do 
no  good ;  nothing  but  reciprocal  prohibitions  and  imposts  will 
have  any  effect."  lie  counselled  the  United  States  as  their 
only  resource  to  confine  their  exports  to  their  own  ships  and 

and*oH'^'"rr''  '"f  ;  ^'""''  November  1784 ;  Sidney  to  St.  Lcger,  30  April  1786, 
and  otlier  letters  of  the  lilvo  tenor.  e    >  f  , 

t  Caraiartlien  to  Adams,  28  February  1786, 


II 


¥  III  I 


1        JJ 


1J2  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  oh.  ry. 

encourage  their  own  manufactures,  though  he  foresaw  that 
these  measures  would  so  annoy  England  aa  in  a  few  years  to 
bring  on  the  danger  of  war.  * 

The  French  government  could  not  be  induced  to  change  its 
commercial  system  for  the  sake  of  pleasing  the  United  States; 
it  granted  free  ports ;  but  the  Americans  wanted  not  places  of 
deposit  for  their  staples,  but  an  open  market.     On  one  point 
only  did  Yergennes  bestow  anxious  attention.     He  feared  the 
United  States  might  grant  favors  to  England ;  and,  at  the  re- 
quest of  France,  congress,  when  preparing  to  treat  with  the 
nations  of  Europe,  gave  assurance  that  it  would  "place  no 
people  on  more  advantageous  ground  than  the  subjects  of  his 
most  Christian   Majesty."     Through    the  French  envoy  in 
America,  Yergennes  answered:   "This  declaration,  founded 
on  the  treaty  of  the  sixth  of  February  1778,  is  verj^  agree- 
able to  the  king ;  and  you  can  assure  congress  that  the  United 
States  shall  constantly  experience  a    perfect  reciprocity  in 
France."  f  r        j 

Jefferson,  as  minister,  obtained  a  great  reduction  of  the 
duty  on  American  oil  manufactured  from  fish ;  X  but  he  was 
compelled  to  hear  thrice  over  complaints  that  the  trade  of 
the  United  States  had  not  learned  the  way  to  France ;  and 
thrice  over  that  the  French  government  could  not  depend  on 
engagements  taken  with  the  United  States.  Complaints,  too, 
were  made  of  tlie  navigation  acts  of  Massachusetts  and  New 
Hampshire,  not  without  hints  at  retaliation. 

While  some  of  the  states  of  Europe  forgot  their  early  zeal 
to  form  commercial  relations  with  the  United  States,  the  con- 
vention for  ten  years  with  Frederic  of  Prussia,  to  whose  dis- 
patch, intelligence,  and  decision  Adams  bore  witness,  was  com- 
pleted  in  May  1785,  and  in  the  following  May  was  unani- 
mously ratified  by  congress.  Free  vessels  made  free  goods. 
Arms,  ammunition,  and  military  stores  were  taken  out  of  the 
class  of  contraband.  In  case  of  war  between  these  two  parties, 
merchant  vessels  were  still  to  pass  unmolested.  Privateering 
was  pronounced  a  form  of  piracy.     Citizens  of  the  one  country 


♦Adams  to  Jay,  30  August  and  15  October  ITSC. 
t  Diplomatic  Correspondence,  ii.,  33,  34,  30. 
t  Ibid.,  ii.,  491,  492. 


Works,  viii.,  313  and  321. 


ires.    KEODLATIOIf  OF  COHMEKCK    FIFTH  CONGRESS.    153 

1-1  7!^,^'  ^^'  '"  ""^^  of  war  between  the  two  Dart,V„ 

m.ght  stil  continue  their  respective  employment..         '^         ' 

bpam  Lad  anxieties  with  respect  to  its  future  relations  with 

but  neither  wuh  Spain,  nor  with  France,  nor  with  EnS 
was  there  the  least  hope  of  forminglibe^I  eommer  ardalon, 
Amencin  diplomacy  had  failed ;   tlie  attemnt  of  tl  p  fiflf 
gross  to  take  charge  of  eommere;  had  faS^thc  movemfntTr" 

SonthCarolina.    Wltm  Monllrl  i  s"''""'*'"™'""""'^"'"' 

aissensions  and  foreign  usuri  ations."  *    TIip  liPnrf  ..-pa 
st^esmenh^thigh.^^^^ 

™'  .™'°  J^y;  '^^^  American  seeretaiy  for  foreign  affairs 
n  178.,  to  see  the  United  States  assume  and  merit  the  ew' 
torof  oxE  OBEAT  ^^.o^." f  "It  has  ovor  been  myhotbv" 
horse,"  wrote  John  Adams  earlv  in  i^sc  '■^!' J"y  ^°°'>y- 
of  the  United  States  in  EnglTnt  "0  LT '.  J' inTr 
ica  an  empire  of  liberty,  and  a  prospect  of  two  of  t  "ref  Z" 

arngTir-;''— '  -^*-' «-  -*  0^  o-\x- 

The  confederation  framed  a  treaty  with  the  emperor  of 
Morocco ;  it  was  not  rich  enough  to  bn>  iimnnnity  forte  Inf 
from  the  corsair  powers  of  Barbary.  ^  P' 

Through  congress  no  hope  for  the  regeneration  of  tb„ 
nmon  conld  be  ei.erished.     Before  we  lookTr  he  llh  tW 
may  rise  outside  of  that  body,  it  will  be  well  to  n  rl  Jba 
red  or  seemmg  obstacles  to  raiion  were  removed  or  ouirw 

by  thSs  ""P"™"'  of  "'0  «''%''«<'-  of  contnicta 

*  Mo.,Itric  to  Bowdoin,  1 0  September  1  »85 
t  Lire  of  John  Jny  by  liis  ,on,  i.,  IPO. 

{  The  Life  and  Wn..l.o  ^r  t_i.„  h     '    ■         , 
-"  ''wm  .\d.iins,  u.,  ti4tl. 


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154    ON  TEE  WAY  TO  A  FEDERAL  CONVENTION. 


B.  ir. ;  on,  v. 


CHAPTER  Y. 
OBSTACLES   TO   UNION  REMOVED  Oit    QUIETED. 

1783-1787. 

The  early  confederacy  of  New  England,  tlioiigli  all  its  colo- 
nies were  non-conformists,  refused  fellowship  to  Rhode  Island 
on  account  of  its  variance  in  dissent.     Virginia  and  Maryland 
were  settled  in  connection  with  the  church  of  England,  which 
at  the  period  of  the  revolution  was  still  the  established  church 
of  them  both.     In  the  constitution  of  the  Carohnas  the  philoso- 
pher Locke  introduced  a  clause  for  the  disfranchisement  of 
the  atheist,  not  considering  that  the  power  in  the  magistrate  to 
inflict  a  penalty  on  atheism  implied  the  power  which  doomed 
Socrates  to  drink  poison  and  filled  the  catacombs  of  Rome 
with  the  graves  of  martyrs.     On  the  other  hand,  the  Baptists, 
nurslings  of  adversity,  driven  by  persecution  to  find  resources 
within  their  own  souls,  when  they  came  to  found  a  state  in 
America,  rested  it  on  the  truth  that  the  spiiit  and  the  mind 
are  not  subordinate  to  the  temporal  power.     For  the  great 
central  state,  the  people  called  Quakers  in  like  manner  affimied 
the  right  to  spiritual  and  intellectual  liberty,  and  denied  to  the 
magistrate  all  control  over  the  support  of  religion.     To  form  a 
perfect  political  union  it  M-as  necessary,  in  all  that  relates  to  re- 
ligion, that  state  should  not  be  in  conflict  with  state,  and  that 
every  citizen,  in  the  exercise  of  hi?  rights  of  intercitizenship, 
should  be  at  his  ease  in  any  state  in  which  he  might  sojourn  or 
abide.     In  a  republican  country  of  wide  extent,  ideas  rule  legis- 
lation; and  the  history  of  reform  is  the  history  of  thougnc, 
gaining  strength  as  it  passes  from  mind  to  mind,  till  it  finds  a 
place  in  a  statute.     "We  have  now  to  see  liow  it  came  to  pass 


'     1  'i 


1783-178r.         OBSTACLES  TO  UNIOJf  REMOVED, 
that  the  oldest  state  in  the 


155 


bers    and    im^    '.        ..  ^^^^^^  fi^st  in  territory  and  in  num- 
bers,  and,  from  its  origin,  the  upholder  of  an  established 
church    renounced  the  support  of  religious  woi^hip  b7l  w 
and  established  the  largest  liberty  of  conscience.  ' 

The  legislature  of  Virginia,  within  a  half  year  after  the 
declaration  of  ndependence,  while  it  presented  for  pubHc  con 
siderationtheideaof  a  general  assessment  forthe  ^ortof 
the  Chris  lan  religion,*  exempted  dissentei.  from  contrLion 
0  the  established  church.    In  1779  this  exemption  was  ex 

But  1  1  r  T-  "  '^*  ^'^  ^^^^^^^  ™  disestablished 
But  the  law  for  religious  freedom,  which  Jefferson  prepared 
as  a  part  of  the  revised  code,  was  submitted  to  the  do Zrlte 

The  Massachusetts  constitution  of  1780  compelled  every 
member  of  its  legislature  on  taking  his  seat  to  subscribe  a 
declaration  that  he  believed  the  Christian  religion.     ThTs  rL 
Illation  Joseph  Hawley,  who  had  been  elected  to  the  fixft 
senate  of  Massachusetts,  in  a  letter  to  that  body,  sternly  con 
demned.    A  member  of  the  Congregational  church  of  North- 
ampton, severe  in  his  morality,  and  of  unquestioned  ortho- 
doxy, lie  called  to  mind  that  the  founders  of  Massachusetts- 
while  churcli  membership  was  their  condition  for  granting  the 
privilege  of  an  elector,  never  suffered  a  profession  of  the 
Chns  lan  re  igion  to  be  made  before  a  temporal  court.    More- 
over he  held  the  new  requirement  to  be  against  common  right 
and  he  natural  franchises  of  every  member  of  the  common- 
wealth t     In  this  way,  from  the  heart  of  rigid  Calvinism  a 
protest  was  heard  against  any  right  in  the  temporal  power  to 
demand  or  to  receive  a  profession  of  faith  in  the  Christian  re- 
hgion.     The  church  member  was  subject  to  no  supervision  but 
of  those  with  whom  he  had  entered  into  covenant.     The  tem- 
poral power  might  punish  the  evil  deed,  but  not  punish  or 
even  search  after  the  thought  of  the  mind. 

The  inherent  perverseness  of  a  religious  establishment,  of 
which  a  king  residing  in  another  part  of  the  world  and  en- 
lorcing  hostile  political  interests  waa  the  head,  showed  itself  in 

*  Honing,  Ix.,  166.    Jefferson's  Autobiography. 

t  Joseph^Hawley  to  Maasachusetta  Senate,  28  October  1730. 


m.  ! 


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16G    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,   b.u.;  oh.v. 

Virginia.  The  majority  of  the  legislators  were  still  church- 
men ;  but  gradually  a  decided  majority  of  the  people  had 
become  dissenters,  of  whom  the  foremost  were  Baptists  and 
Presbyterians.  When  the  struggle  for  independence  was  ended, 
of  ninety-one  clergymen  of  the  Anglican  church  in  Virginia, 
twenty-eight  only  remained.  One  fourth  of  the  parishes  had 
become  extinct. 

Churchmen   began  to  fear  the  enfeeblement  of  religion 
from  its  want  of  compulsory  support  and  from  the  excesses  of 
fanaticism  among  dissenters.     These  last  had  made  their  way, 
not  only  without  aid  from  the  state,  but  under  the  burden  of 
supporting  a  church  which  was  not  their  own.     The  church 
which  had  leaned  on  the  state  was  alone  in  a  decline.     The 
system  of  an  impartial  support  by  the  state  of  all  branches  of 
Christians  was  revived  by  members  of  "  the  Protestant  Episco- 
pal church,"  as  it  now  began  to  be  called.     Their  petitions, 
favored  by  Patrick  Henry,  Harrison,  then  governor,  Pendle- 
ton, the  chancellor,  Eichard  Henry  Lee,  and  many  others  of 
the  foremost  men,  alleged  a  decay  of  public  morals ;  and  the 
remedy  asked  for  was  a  general  assessment,  analogous  to  the 
clause  in  the  constitution  of  Massachusetts  which   enjoined 
upon  its  towns  "  the  maintenance  of  pubHc  Protestant  teachers 
of  piety,  religion,  and  morality."  * 

The  Presbyterians  at  first  were  divided.  Their  clergy,  even 
while  they  held  that  human  legislation  should  concern  human 
affairs  alone,  that  conscience  and  religious  worship  lie  beyond 
its  reach,  accepted  the  measure,  provided  it  should  respect 
every  human  beHef,  even  "  of  the  Mussulman  and  the  Gen- 
too."  The  Presbyterian  laity,  accustomed  to  support  their 
own  ministry,  chose  rather  to  continue  to  do  so.  Of  the  Bap- 
tists, alike  ministers  and  people  rejected  any  alliance  with  the 
state. 

Early  in  the  autumnal  session  of  the  legislature  of  1Y85, 
Patrick  Henry  proposed  a  resolution  for  a  legal  provision  for 
the  teachers  of  the  Christian  religion.  In  the  absenco  of  Jeffer- 
son, the  opponents  of  the  measure  Avere  led  by  Madison,  Avhom 
Witherspoon  had  imbued  with  theological  lore.  The  assess- 
ment bill,  he  said,  exceeds  the  functions  of  civil  authority. 

*  Massachusetts  Declaration  of  Rights,  Article  III.  of  1780 


rT83-ir87. 


OBSTACLES  TO  UNION  BEMOVED. 


167 

reunion  (    And  the  answer  is,  they  corrupt  reliriou      Tl,»  rlif 
ftenlty  of  providing  for  the  support  of  re%ionTthe  ^ suit  „f 
ptr;'"';  --"--'^•^y  voluntary  association  for^H^L" 
purposes.    In  the  event  of  a  statute  for  the  support  of  th^ 

tian  «l!gion  dishono7chriIt  tv  v  r'''"''- "'  '^°  ""'"^ 
opposition  that  eouid  h^S;  hi;  '  t?  hS  ^  i^^t  Jm^ 
w^  granted  by  forty-seven  votes  against  thirty-u  o  *    T^e 

X.f^^dSrCiS\:fhfr:Senoii'^^^^ 

w.  ordered  by  a  small  majorify  to  be  pri^teTand  dtSuM 
for  the  eons,deration  of  the  people.    Thus  the  peopk  ^f  Vir 
gmia  had  before  them  for  their  ehoice  the  bill  ^f  T         •     ,' 
code  for  establishing  .,igi„„3  freeTm  t      l^pt':™' 
spondmg^ehnrehmen  for  supporting  religion  .y'^T^: 

.stranee  addressed  to  the  leg,' ~mbo^fd:il' thre^lTb"- 

m  behalf  of  religions  freedom  as  a  natural  right,  the  elorv  of 
Chnstianity  itself,  the  surest  method  of  supporting  ^Xn 
and  the  only  way  to  produce  moderation  and  harm^y  aS 

its  several  sects.     Geome  Mn<?nn   «•>,«  ''^  "lu"/ among   . 

entire  freedom     J.   i  Tw    t       '     ^  ™  ''"  enthusiast  for 
entire  Ueedom    .slr.d  of  Washington  his  opinion,  and  received 

ward  the  support  of  that  denomination  which  tl^^llZ^ 

'  """'"' '-"  •'''*"•»=.  '  •'"-ry  1585.     il„di»„  I,  isa 


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158    ON  THE  WAY  TO  A  FEDERAL  CONVENTION.    d.ii.;  on.  v. 

provided  .Tows,  Mahometans,  and  others  who  were  not  Chris- 
tians, might  obtain  proper  relief,  his  advice  was  given  in  these 
words :  "  As  the  matter  now  stands,  I  wish  an  assessment  had 
never  been  agitated ;  and,  as  it  has  gone  so  far,  that  the  bill 
could  die  an  eaay  death."  * 

The  general  committee  of  the  Baptists  unanimously  ap. 
pointed  a  delegate  to  remonstrate  with  the  general  assembly 
against  the  assessment,  and  they  resolved  that  no  Imman  laws 
ought  to  be  established  for  that  purpose ;  that  every  free  per- 
son ought  to  be  free  in  matters  of  religion,  f  The  general 
convention  of  the  Presbyterian  church  prayed  the  legislature 
expressly  that  the  bill  concerning  religious  freedom  might  be 
passed  into  a  law  as  the  best  safeguard  then  attainable  for  their 
religious  rights.  ^ 

When  the  legislature  of  Virginia  assembled,  no  one  was 
willing  to  bring  forward  the  assessment  bill,  and  it  was  never 
heard  of  more.  Out  of  one  hundred  and  seventeen  articles  of 
the  revised  code  which  were  then  reported,  Madison  selected 
for  immediate  consideration  the  one  which  related  to  religious 
freedom.  The  people  of  Virginia  had  held  it  under  delibera- 
tion for  six  years ;  in  December  1785  it  pa-ssed  the  house  by  a 
vote  of  nearly  four  to  one.  Attempts  in  the  senate  for  amend- 
ment produced  only  insignificant  changes  in  the  preamble,  and 
on  the  sixteenth  of  January  1780  Virginia  placed  among  its 
statutes  the  very  words  of  the  original  draft  by  Jefferson  with 
the  hope  that  they  would  endure  forever:  "No  man  shall 
be  compelled  to  frequent  or  support  any  religious  worship, 
place,  or  ministry  whatsoever,  nor  shall  suffer  on  account  of 
his  religious  opinions  or  belief ;  opinion  in  matters  of  religion 
shall  in  no  wise  diminish,  enlarge,  or  affect  civil  capacities. 
The  rights  hereby  asserted  are  of  the  natural  rights  of  man- 
kind."* 

"  Thus,"  says  Madison,  "  in  Virginia  was  extinguished  for- 
ever the  ambitious  hope  of  making  laws  for  the  human  mind." 
The  principle  on  which  religious  liberty  was  settled  in  Virginia 
prevailed  at  once  in  Maryland.     In  every  other  American 

*  Washington  to  Goorgo  Mason,  3  October  1788.     Spark?,  ix.,  137. 
t  SeiBpIo'3  History  of  the  Poptists,  etc.,  71 ;  Footc's  Sketches  of  Virginia, 
^^^  t  Madison,  i.,  213.  »  Uening,  xii.,  86. 


1788-1787.       OBSTACLES  TO  UNION  REMOVED.  jg^ 

Btate  oppressive  statutes  concerning  religion  fell  into  disuse  and 
were  gradually  repealed.     Survivals  may  still  be  found  as  in 
nature  we  m  this  day  meet  with  survivals  of  an  earlie;  gec^ 
logical  penod.     It  had  been  foreseen  that  "the  happy  cons^ 
qnences  of  the  grand  experiment  on  the  advantaged  whict 
accompany  tolerance  and  hberty  would  not  be  limited  to 
Amenca.'-    The  statute  of  Virginia,  tn^nslated  intrFr^nch 
and  into  Italian,  was  widely  circulated  through  Europe     A 
part  of  the  work  of  "the  noble  army  of  martyrs"  was'dle 
ie^^l?        colonial  period  the  Anglican  establishment  was 
feared,  because  its  head  was  an  external  temporal  power  en- 
gaged m  the  suppression  of  colonial  liberties,  Ind  was  favored 
by  the  officers  of  that  power  even  to  the  disregard  of  jX 
National  independence  and  religious  freedom  dtpelled  hell 
remnant  of  jealousy.     The  American  branch  at^tirst  thoulh 
possible  to  perfect  their  organization  by  themselves;  bu 
they  soon  preferred  as  their  starting-point  a'^^nal  frateni  1  a 
of  the  church  of  England.     Ko  part  of  the  country,  no  sect 
no  person  showed  a  disposition  to  thwart  them  in  their  pur 
pose  ;  and  no  one  complained  of  the  unofficial  agency  of  Jav 
the  American  minister  of  foreign  affairs  at  homei  and  of  John 
Adams  the  American  minister  in  London,  in  aid  of  their  de- 
sire, M^hich  required  the  consent  of  the  British  pariiament  and 
a  consecration  by  the  Anglican  hierarchy.     Tlieir  wish  having 
been  fulhlled  in  the  form  to  which  all  of  them  gave  asseni 
and  which  many  of  them  regarded  as  indispensable,  the  Prot- 
estunt  Episcopal  church  of  the  United  States  moved  onw.i-d 
with  a  life  of  its  own  to  the  position  which  it  could  never  have 
gained  but  by  independence.     For  America  no  bishop  wa^  to 
be  chosen  at  the  dictation  of  a  temporal  power  to  electors  un- 
derthe  penalty  of  high  treason  for  disobedience;  no  advowson 
of  church  livings  could  be  tolerated ;  no  room  was  left  for 
simony ;  no  tenure  of  a  ministry  as  a  life  estate  was  endured 
where  a  sufficient  reason  required  a  change;  the  laity  was  not 
represented  by  the  highest  officer  of  state  and  the  legislature, 
but  stood  for  itself;  no  alteration  of  prayer,  or  creed,  or  gov- 
eniment  could  be  introduced  by  the  temporal  chief,  or  by  that 
chief  and  the  legislature.     The  rule  of  the  church  proceeded 

*  Luzerne  to  Riiytieval,  fl  November  1784. 


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160    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.ii.;  en.  t. 

from  its  own  living  power  representing  all  its  members.  The 
Protestant  Episcopal  congregations  in  tlie  several  United  States 
of  America,  including  the  clergy  of  Connecticut  who  at  first 
went  a  way  of  their  own,  soon  fell  into  the  custom  of  meeting 
in  convention  as  one  church,  and  gave  a  new  bond  to  union. 
Since  the  year  1785  they  have  never  asked  of  any  American 
government  a  share  in  any  general  assessment,  and  have  grown 
into  greatness  by  self-reliance. 

The  acknowledged  independence  of  the  United  States 
called  suddenly  into  a  like  independence  a  new  and  self-created 
rival  Episcopal  church,  destined  to  spread  its  branches  far  and 
wide  over  the  land  with  astonishing  rapidity.  Out  of  a  society 
of  devout  and  studious  scholars  in  the  University  of  Oxford, 
within  less  than  sixty  years,  grew  the  society  of  Methodists! 
As  some  of  the  little  republics  of  ancient  time  selected  one 
man  as  their  law-giver,  as  all  men  on  board  a  ship  trust  im- 
plicitly to  one  commander  during  the  period  of  the  voyage, 
so  the  Methodist  connection  in  its  beginning  left  to  John  Wes- 
ley to  rule  them  as  he  would.  Its  oldest  society  in  the  states 
was  at  New  York,  and  of  the  year  1766.  In  1772  Wesley  ap- 
pointed, as  his  "general  assistant"  in  America,*  Francis  As- 
bury,  a  missionary  from  England,  a  man  from  the  people,  who 
had  "  much  wisdom  and  meekness ;  and  under  all  this,  though 
hardly  to  be  perceived,  much  command  and  authority."  f 

Wesley  never  yielded  to  the  temptation  to  found  a  sepa- 
rate church  within  British  dominions,  and  during  the  war  of 
American  independence  used  his  influence  to  keep  the  societies 
which  he  governed  from  renouncing  their  old  allegiance.  But 
no  sooner  had  the  people  of  the  United  States  been  recognised 
as  a  nation  by  the  king  of  England  himself,  and  the  movement 
to  found  an  American  episcopacy  had  begun,  than  he  burst 
the  bonds  that  in  England  held  him  from  schism,  and  resolved 
to  get  the  start  of  the  English  hierarchy.  In  October  1783, 
in  a  general  epistle,  he  peremptorily  directed  his  American 
brethren  to  receive  "  Francis  Asbury  as  the  general  assistant."  ^ 
For  nearly  forty  years  Wesley  had  been  persuaded  that  the 
apostolical  succession  is  a  "fable"  ;  that  "bishops  and  presby- 

*  Asbury'a  Journal,  10  October  1772.  f  Coke's  Journal,  10. 

t  Wesley  to  the  brethren  in  America,  3  October  1783. 


1788-1787.         OBSTACLES  TO  UNION  KEMOVED. 


161 


tors  arc  the 


order, 


same  oraer,  and  have  the  same  right  to  ordain  " 
He  looked  upon  himself  to  be  as  much  a  bishop  "  as  any  man 
m  Europe,"  though  he  never  allowed  any  one'to  eall  iL  by 
that  name.  In  his  service  for  the  Methodists  he  substituted 
^e  word  elders  for  priests,  and  superintendents  for  bishops. 

berl,84,  himself  m  h>s  own  private  room  at  Bristol,  in  Eng- 
land,  assisted  by  Coke  and  another  English  presbyt;r,  to  ol 
dam  two  persons  as  ministers,  and  then  he,  with  the  assistance 
of  other  mimsters  ordained  by  himself,  equal  at  least  in  num- 
ber to  the  requisition  of  the  canon,  did,  "  by  the  imposition  of 

tlo  r     r  /.''T'  f  "^'^  ^^^"^^^«  Coke,  a  presbyter  of 
the  church  of  England,  as  a  superintendent,  and,  under  his 
hand  and  seal,  recommended  him  to  whom  it  might  concern 
as  a  fit  person  to  preside  over  the  flock  of  Christ."     It  is  Coke 
himself  who  writes  of  Wesley:  "lie  did,  indeed,  solemnly 
nvestme  as  far  as  he  had  a  right  so  to  do,  with  episcopal 
a  thonty  "  *     Eight  days  later,  in  a  general  epistle,  he  thus 
addi^ssed  Thomas  Coke,  Francis  Asbury,  and  the  brethren  in 
JSorth  America:  "By  a  very  uncommon  train  of  providences, 
provinces  m   North  America  are   erected  into  independent 
states.     The  Enghsh  government  has  no  authority  over  them 
either  civil  or  ecclesiastical.     Bishops  and  presbyters  are  the 
same  order  and  consequently  of  the  same  right  to  ordain      In 
America  there  are  no  bishops  who  have  a  legal  jurisdiction, 
ilere,  therefore,  my  scruples  are  at  an  end.     I  have  according- 
ly appointed  Dr.  Coke  and  Mr.  Francis  Asbury  to  bo  ioint 
supenntendents  over  our  brethren  in  North  America.     I  can- 
not see  a  more  rational  and  scriptural  way  of  feeding  and  guid- 
mg  those  poor  sheep  in  the  wilderness.     As  our  American 
brethren  ar.^  now  totally  disentangled  both  from  the  state  and 
fr^m  the  Enghsh  hierarchy,  we  dare  not  entangle  them  again 

It  "".  V  f  '"^r '  '^'  ^'^^^-     ^^'^y  ^'^  ^«^  ^t  M  liberty 
simply  to  follow  the  Scriptures  and  the  primitive  church,  and 

we  judge  It  best  that  they  should  stand  fast  in  that  liberty 

wherewith  God  has  so  strangely  made  them  free." 

Nor  did  W.>sley  neglect  to  frame  from  the  Anglican  Book 

01   Common  Prayer  a  revised  liturgy  for  the  new  chm-ch, 

*  Coke  to  Bisbon  White  H  KniU  "?oi  !r.  "'!--•*  •   »' 

-i-.c,  _»  jipiw  ,  jji^  12  -r rules  jscmoirs,  424, 


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102    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,    b.ii.;  cu.v. 

and  a  creed  from  which  the  article  on  prcdcstiuation  was  left 
out. 

On  the  eighteenth  of  September,  about  two  months  before 
the  nonjuring  bishops  of  Scotland  consecrated  a  bishop  for 
Connecticut,  Coke,  the  first  Methodist  "superintendent"  for 
America,  was  on  the  water,  emulous  of  the  glory  of  Francis 
Xavier.     "  Oh,  for  a  soul  like  his ! "  he  cried.     "  I  seem  to 
want  the  wings  of  an  eagle  or  the  voice  of  a  trumpet,  that  I 
may  proclaim  the  gospel  through  the  east  and  tlie  west,  and 
the  north  and  the  south."     Arriving  in  New  York,  he  ex- 
plained to  tlie  preacher  stationed  at  that  place  the  new  regula- 
tion, and  received  for  answer :  « Mr.  Wesley  has  determined 
the  pomt ;  and  therefore  it  is  not  to  be  investigated,  but  com- 
phed  with."  * 

Coke  journeyed  at  once  toward  Baltimore,  where  Asbury 
had  his  station.    At  Dover,  in  Delaware,  "  he  met  with  Free- 
bom  Garretson,  an  excellent  young  man,  all  meekness  and 
love,  and  yet  all  activity."     On  Sunday,  the  fourteenth  of 
November,  the  day  on  which  a  bishop  for  Connecticut  was 
consecrated  at  Aberdeen,  he  preached  in  a  chapel  in  the  midst 
of  a  forest  to  a  noble  congregation.     After  the  service,  a  plain, 
robust  man  came  up  to  him  in  the  pulpit  and  kissed  him.     He 
was  not  deceived  when  he  thought  it  could  be  no  other  than 
Francis  Asbury,  who  had  collected  there  a  considerable  num- 
ber of  preachers  in  council.     The  plan  of  Wesley  pleased  them 
all.     At  the  instance  of  Asbury  it  was  resolved  to  hold  a  gen- 
eral conference;  and  "they  sent  off  Freeborn  GaiTctson  like 
an  arrow  from  north  to  south,  directing  him  to  dispatch  mes- 
sengers right  and  left  and  gather  all  the  preachers  together  at 
Baltimore  on  Christmas  eve."  f 

Thence  Coke  moved  onward,  baptizing  adults  and  infants, 
preaching  sometimes  in  a  church,  though  it  would  not  hold 
half  the  persons  who  wished  to  hear ;  sometimes  at  the  door 
of  a  cottage  when  the  church-door  was  locked  against  him.  ^ 

On  Christinas  eve,  at  Baltimore,  began  the  great  conference 
which  organized  the  Methodists  of  America  as  a  separate  fold  in 
the  one  "  flock  of  Christ."     Of  the  eighty-one  American  preach- 
ers, nearly  sixty  were  present,  most  of  them  young.     Here  Coke 
*  Coke's  First  Journal,  7,  13.  f  Coke's  Journal,  16.  f  Ibid.,  27. 


1783-1787.        OBSTACLES  TO  UNION  REMOVED. 


took  his  seat 


1G3 


superintendent;  and  here,  joiniriff  to  himself 
two  elders,  he  set  apart  Francis  Asbury  as  a  deaeof  and  on  the 

eldeis,  and  all  of  them  who  were  present  were  consecrated ;  here 

tte  wm  oT  rf 'V'  '''"''  '^''  '^^^  '^  superintend'ent  at 
the  will  of  Wesley  alone,  was  unanimously  "elected  bishop  or 

supermtendent  by  the  suffrages  of  the  whole  body  of  Method- 
ist mmisters  through  the  contment,  assembled  in  general  con- 
ference; and  here  Coke,  obeying  the  directions  of  Wesley, 
took  to  himself  at  least  the  canonical  number  of  presbyte;; 

tl  Mlri^'r.  "^"r  ^^'"^^'  -  "^  supennLdent T 
the  Methodist  Episcopal  Church  in  America."^  In  the  or- 
dination sermon  delivered  on  that  day  and  published  at  the 

rri'P  1  Tl  "  "^'^  "''«'^*  *^  ^^^^^^^^  '^^  episcopal 
of  "bishop  ';"     '  '''''  ''  ^"i--^*-^-^  -  the  equivalent 

f?./°^F-'''-^'^^^  Coke  began  to  exhort  the  Methodist  socie- 
ties m  Virginia  to  emancipate  their  slaves,  and  bore  public 
testimony  agamst  slavery  and  against  sIav,>holding.     It  pro- 
voked the  unawakened  to  combine  against  him ;  but  one  of 
the  brethren  gave  liberty  to  his  eight  slaves.     In  North  Caro- 
na,  where  the  laws  of  the  state  forbade  any  to  emancipate 
loir  negroes,  the  Methodist  conference  drew  up  a  petition  to 
the  assembly,  entreating  them  to  authorize  those  who  were  so 
disposed  to  set  them  free.     Asbury  visited  the  governor  and 
gained  him  over,  t    At  the  Virginia  conference  in  May  they 
fornied  a  petition,  of  which  a  copy  waB  given  to  eveiy  preacher^ 
mvuing  the  ge.eral  assembly  of  Virginia  to  pass  a  law  for  the 
umediate  or  gradual  emancipation  of  all  slaves.     For  this 
they  sought  the  signature  of  freeholders.     And  yet  in  June 
the  conference  thought  it  prudent  to  suspend  the  minute  con- 
cerning  s kveiy  on  account  of  the  great  opposition  given  it, 
our  work,"  they  said,  "being  in  too  infantile  a  state  to  pu  h 
things  to  extremity."  ^ 

The  Methodist  itinerant  ministers  learned  to  love  more  and 
more  "a  romantic  way  of  life,"  "the  preaching  to  large  con- 

*  Coke's  certificate,  21  December  1T84. 

t  Coke  in  Tyerman's  Life  and  Times  of  John  Wesley,  iii    437 

J  Coke's  First  Journal.  37. 


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164    ON  TnE  WAY  TO  A  FEDERAL  CONVENTION.    b.ii.;  oh.  v. 

gregations  in  the  midst  of  great  forests  with  scores  of  horses 
tied  to  the  trees."    Thej  had  delight  in  the  beauties  of  Nature, 
and  knew  how  to  extract  "  from  thera  all  the  sweetness  they 
are  capable  of  yielding."    The  Methodists  did  not  come  to 
rend  an  empire  in  twain,  nor  to  begin  a  long  series  of  wars 
which  should  shatter  the  civil  and  the  religious  hierarchies  of 
former  centuries,  nor  to  tumble  down  ancient  orders  by  some 
new  aristocracy  of  the  elect.     Avoiding  metaphysical  contro- 
versy and  wars  of  revolution,  they  came  in  an  age  of  tran- 
quillity when  the  feeling  for  that  which  is  higher  than  man 
had  grown  dull ;  and  they  claimed  it  as  their  mission  to 
awaken  conscience,  to  revive  religion,  to  substitute  glowing 
aifections  for  the  calm  of  indifference.     They  stood  in  the 
mountain  forests  of  the  AUeghanies  and  in  the  plains  beyond 
them,  ready  to  kindle  in  emigrants,  who  might  come  without 
hymn-book  or  bible,  their  own  vivid  sense  of  religion ;  and 
their  leaders  received  from  all  parts,  especially  from  Kentucky, 
most  cheering  letters  concerning  the  progress  of  the  cause  in 
the  "new  western  worid."    At  peace  with  the  institutions  of 
the  country  in  which  they  prospered,  they  were  the  ready 
friends  t(>  union. 

America  was  most  thoroughly  a  Protestant  country.  The 
whole  number  of  Catholics  within  the  thirteen  states,  as  re- 
ported by  themselves,  about  the  year  1784,  was  thirty-two 
thousand  five  hundred.  Twenty  thousand,  of  whom  eight 
thousand  were  slaves,  dwelt  in  Maryland.  The  four  southern- 
most states  had  but  two  thousand  five  hundred  ;  New  England 
but  six  hundred;  New  York  and  New  Jersey,  collectively, 
only  seventeen  hundred.  Pennsylvania  and  Delaware,  lands 
of  tolerance,  had  seven  thousand  seven  hundred.  The  French 
Catholics  settled  between  the  western  boundary  of  the  states 
and  the  Mississippi  were  estimated  at  twelve  thousand  more.* 

The  rancor  of  the  Jesuits  against  the  house  of  Bourbon 
for  exiling  thera  from  France  and  Spain  was  relentless.  The 
Roman  Catholic  clergy  in  the  insurgent  British  colonies  had 
been  superintended  by  a  person  who  resided  in  London ;  and 
during  the  war  they  were  directed  by  Jesuits  who  favored  the 
British.     The  influences  which  in  South  America  led  to  most 

*  Maiboifl  to  Vcrjicrnos,  27  March  1786. 


1785  ITSr. 


OBSTACLES  TO  UNION  EEKOVED. 


184 

disastmus  rosulte  for  Spain  were  of  little  consequence  in  the 
United  States  It  was  Franklin's  desire  to  do  away  with  this 
influence  nnfriendly  to  Fi^ce.  The  Roman  speeded 
with  caution;  and  a  letter  from  its  nuncio  at  PanHn  the 
appointment  of  a  bishop  in  the  United  States,  wrcomL* 
cated  to  congress.     In   Mn^r -i^tqa  4.1        •         >  ""«  ^""imuni- 

readiness  to  testify  resoert  to  he  t    ^'- '"  '*?'^';  ''''^"^'^  " 
resented  hv  7^7        =     ,  so^reign  and  the  state  rep. 

resented  by  the  nuncio,  but,  disavowing  jurisdiction  over  » 

^MuS^"""'  "''^"''  ''''"^  '>''"  *"  *---'  ^^ 
The  British  crown,  and,  at  a  later  period,  British  leeisk 
ion,  had  rttrarily  changed  the  grants  of  territory  held  Ser 
the  several  colonial  charters.  Nearly  three  yeai  beforMhe 
preliminary  treaty  of  peace  New  Vn,.l,  t„  *•>•.!  ' 
among  the  United  Statues  S  Wil'Ll' »ytf  "rZ 
qu^hing  pretensions  to  any  part  of  th;  lands  acqZd  by  h"' 
tea  y  of  peace.  Virginia,  whicn  had  a  better  Lm  to  wcs' 
en.  temtory,  resigned  it  for  the  like  purpose,  reserving  oX  a 

.re™::??"'""'"^"''  "^'^  ^■^■"'  -  -  indemniyi 
t  .0  expenses  of  its  conquest.  Massachusetts  persisted  in  no 
claim  except  to  the  o^ership  of  lands  in  New  York  The 
charter  of  Connecticut  carried  its  line  all  the  way  to  ttpacmo 
ocean ;  with  great  wariness  Roger  Sherman,  so  Grayson  Xs 
connected  the  cession  of  the  claims  of  hi  state  w  th  fte  S 
«erve  of  a  district  in  the  north-east  of  Ohio.  The  rirf't  of 
Connecticut  to  a  reservation  was  denied  by  Grayson,  alid  in 

fend^  K  T  r"°  ^T  '""'^'^'  ^'™*'y  »<J  access  ally  de° 
fended  by  Johnson.  A  smaU  piece  of  land  between  the  line 
of  New  York  and  the  eastern  line  of  the  Connecticut  reser^I 
remained  o  the  United  States.  Pennsylvania  purcl  JSt"! 
and  and  obtained  of  congress  a  willing  cession  of  the  jurisdic! 

Sourt  c'  f'"^,,""''''  '0  ""^  '*«  and  the  harbor  of  Erie. 
South  Carohna  had  certain  undefined  rights  to  territory  in  the 
West;  she  ceded  them  without  qualiflcation  to  the  United 
M  ?  7.  \,"«^"  of  Virginia,  North  Carolina,  and  Georgia 
to  extend  to  the  Mississippi,  like  the  right  of  M^sachusetts^to 
the  lands  m  Maine,  were  unquestioned.    In  this  manner  the 

'Frmllin's  Works,  !<.,  648.    Diplomatic  Corrc.poiiilcMc  i,    MS  1B9     o^ 
crct  Journal,  of  Congress,  lii,  493.  "™n«,  ir.,  108,  169,    So. 


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1G6    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,   b.ii.;  on.v. 

public  domain,  instead  of  exciting  animosities  and  conflicting 
claims  between  rival  states  or  between  individual  states  and 
the  general  interest,  served  only  to  bind  the  members  of  the 
confederacy  more  closely  together  by  securing  one  vast  terri- 
tory in  the  West  extending  from  the  Ohio  to  the  Lake  of  the 
"Woods,  to  be  filled,  under  the  laws  of  the  United  States,  alike 
by  emigrants  from  them  alL 

A  more  serious  matter  wafl  that  of  the  customs.  New 
York  had  yielded  to  the  temptation  to  estabUsh  a  custom-house 
for  the  sole  benefit  of  its  own  treasury.  Richard  Henry  Lee 
taught  the  authors  of  the  measure  that  they  were  defending 
the  rights  of  the  states,  and  preserving  congress  from  tlie  cor- 
rupting influence  of  an  independent  revenue.  Comforted  by 
these  opinions  of  an  eminent  statesman  whom  congress  had 
raised  to  its  presidency,  New  York  persisted  in  treating  the 
revenue  levied  on  the  commerce  of  its  port  as  its  own ;  and 
here  was  a  real  impediment*  to  union. 

Sadder  was  the  institution  of  slavery;  for  the  conflicting 
opinions  and  interests  involved  m  its  permanence  could  never 
be  reconciled. 


1787. 


NEED  OF  AN  OVERRULING  UNION. 


167 


!  » 


CHAPTER  Yl. 

fiTATE    LAWS    IMPAIRING    THE    OBLIGATION   OF  C0XTEACT8    PEOVE 
THE  NEED  OF  AN  OVEEEULING   UNIO iT^ 

Befoee  May  1787. 

wnnf  ^'^^Z''^,  ^^*^^*  ^^«  painted  Fortune  as  a  beautiful 
woman  enti^roned  on  a  globe,  winch  for  the  moment  is  at  resT 
but  IS  ready  to  roll  at  the  sHghtest  to.  ..  A  countr/whose 
people  are  marked  by  inventive  genius,  industry,  and  sMl 
whose  immense  domain  is  exuberantly  fertile,  whose  aboundinc: 
products  the  rest  of  the  world  cannot  dispense  with,  may  hold 
her  fast,  and  seat  her  immovably  on  a  pedestal  of  four  square 

ihJ^^^  fi^''°  American  states  had  a  larger  experience  of 
the  baleful  consequences  of  paper  money  thr^  all  the  world 
brides.    As  each  of  them  had  a  legislation  of  its  own.  the 

tC  Tir  ""  Jrl  ""  '^'^  ™  inconvenient  and  unjust. 
The  shilling  had  differing  rates  from  its  sterling  value  to  an 
eighth  of  a  dollar.  The  confusion  in  computing^  worth  of 
the  currency  of  one  state  in  that  of  another  was  hopelessly 
increased  by  the  laws,  which  discriminated  between  dfferen^ 
kinds  of  paper  issued  by  the  same  state;  so  that  a  volume 
could  hardly  hold  the  tables  of  the  reciprocal  rates  of  exchange 
Moreover  any  man  loaning  money  or  making  a  contract  in 

8ome  fitful  act  of  separate  legislation.  The  necessity  of  vrl 
^dmg  effectually  for  the  security  of  private  rights  and  the 
steady  dispensation  of  justice,  more,  perhaps,  than  anytJng 
else,  brought  about  the  new  constitution.*  ^ 

*  Gilpin,  804  ;  Elliot,  162. 


I 

I' 


|,:n,rl 


H 


1   ' 


i   I 


:  'J 


i  ;. 


U' 


m     us 


1G8    ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  cu.vi. 

No  sooner  had  the  ciy  of  the  martyrs  of  Lexington  reached 
Connecticut  than  its  legislature  put  forth  paper  money  for 
war  expenses,  and  continued  to  do  so  till  October  1777.  These 
were  not  made  legal  tender  in  private  transactions,*  and  thcro 
were  no  other  issues  till  1780. 

In  October  of  tliat  year  the  legislature  of  the  state,  once 
for  all,  interposed  itself  between  the  creditor  and  debtor.  It 
discriminated  between  contracts  that  were  rightly  to  be  paid 
in  gold  and  silver  and  contracts  understood  to  be  made  in 
paper  currency,  whether  of  the  continent  or  of  the  state  A 
pay-table  for  settling  the  progressive  rate  of  depreciation  was 
constructed;  and,  to  avoid  the  injustice  which  might  come 
from  a  strict  application  of  the  laws,  it  gave  to  the  court  au- 
thority  through  referees,  or,  if  either  party  refused  a  reference, 
by  Itself,  to  take  aU  circumstances  into  consideration,  and  to 
determine  the  case  according  to  the  rules  of  equity.f 

In  this  wise  the  relations  between  debtor  and  creditor  in 
Connecticut  were  settled  summarily  and  finally,  and  no  room 
left  for  rankling  discontent.  The  first  of  the  New  England 
states  to  issue  paper  money  on  the  sudden  call  to  arms  was  the 
first  to  return  to  the  use  of  coin.  The  wide-spread  move- 
ments of  1786  for  the  issue  of  paper  money  never  prevailed 
within  its  borders.  Its  people,  as  they  were  fnigal,  indus- 
tiious,  and  honest,  dwelt  together  in  peace,  while  other  states 
were  rent  by  faction. 

Massachusetts,  after  the  downfall  of  the  continental  paper, 
returned  to  the  sole  use  of  gold  and  silver  in  contracts ;  '  x 
its  statesmen  had  before  them  a  most  difficult  task,  for  the  peo- 
ple had  been  tempted  by  the  low  prices  of  foreign  goods  to 
run  into  debt,  and  their  resources,  from  the  interruption  of 
their  sale  of  ships  and  fish-oil  in  England,  of  fish  and  lumber 
in  the  British  West  Indies,  and  from  the  ruin  of  home  manu- 
facturers by  the  cheapness  of  foreign  goods,  were  exhausted. 
While  it  established  its  scale  of  depreciation,  it  did  not,  like 
Connecticut,  order  an  impartial  and  definitive  settlement  be- 
tween the  creditor  and  debtor,  but  dallied  with  danger.  In 
July  1782  it  allowed,  for  one  year,  judgments  to  be  satisfied 

*  Bronsoii's  Connecticut  Currency,  137. 
f  Laws  of  Connecticut,  cd.  1786,  49,  50. 


!       (' 


1787. 


NEED  OF  AN  OVERRULING  UNION. 


169 

hy  the  tender  of  neat  cattle  or  other  enumerated  articlp«  nf 

ZM=r  Be^eVif "' "  oni.totftm/tr;: 

a  petition  was  presentoH  f-^rv,  +  •     1/,^' '"  ^^y  1786, 

omission  of  papoT  ^nV  1^  "f""'  'v  ^'f "'  """"'^  *»'  "■' 
members  in  the  Lr^'  """  ^'""''^''  ""'^  "'S'^oen 

teen  voCfd  „tr,wrr'T'^^^         ^"'="'™<1  ™'y  »i™- 
four  eupp^rW  K'^i  ™  ?"'  "*  ""'  ^"""^""^  "'«'  "'^'y 

t.e':j;:^„:r;:p!;;j^'"^'i'r''''r''°  ~^^^ 

Ha^aeW,  ,eLC  tr;^;ret  Ct  ^l^  '^^  *"- 

parties;  the  fa^erst  1  iT''  "''  '"""  '"'o  Po'-ti-^^ 
merchants  andtad  r^  of  Ll^''  T"  ""^'^'^  "«'^"»'  «'« 
after  a  hard  eorZ^uJ XtfJZP  "'  "  '"''  "'*'' 
John  Collins  for  go;ernor^"l:\tT„:er''^P-  --^.  -'>' 

In  all  haste  the  legislature  authorized  the  issue  of  „„„  i, 

dred  thousand  nounds  to  i>„  i j      1  "'"'  ""o- 

leland  at  four  rer  eelt  for  i  '°  '"^  """>  »'  ^hede 

enth  was  to  be  eparannL  7  V''"^' 'n  "'"''  °™  ^^■ 
tender  except  for  debTdui  ,„  ^  .  I  ,^  ""■°  '"'"'^  "  '^S^ 
.arge  part  of''«,e  debtt^  tt  stlL  ^  S^^ .nTm^ '^"^    ^ 

papL^f  rsrof  r  '■-  rh« '-  ^""  ^-^«  ^- 

port  closed  thei   ZZ     Thfnlr''^^''  '"'=^"^"°*^  "*  ^^w- 

*  Mmot's  Insurrection  of  Massachusetts,  U 
t  Compare  Otto  to  Vergenncs,  G  August  178G. 


( 


jii 


]:W 


'J  '.! 


h     'lii 


170    ON  THE  WAY  TO  A  FKDKIIAL  CONVENTION,  d.ii.;  cii.vi. 


I  f  7>s  : 


I-  • 


ti' 


j  -^ 


nionunp,  doHvoring  tho  nnnnimous  opinion  of  tho  court,  do- 
clarod  tho  nets  unconBtitutionai  and  void,  and  dinnilHood  tho 
caHO  an  not  within  tho  jurisdiction  of  tiio  court.  At  tho  de- 
cision, ono  univorsiU  shout  of  joy  ump:;  tlirough  tlio  courthouse. 
Tlio  asKcuibly  of  Kliodo  Ishind  sunnnoned  tjjo  judges  to  assign 
tho  reasons  for  thoir  judgment.  Throo  of  tho  iivo  obeyed 
tho  suinniona.  At  tlio  next  session  of  tlie  legislature  Howell, 
with  two  associates,  defended  tlio  opinion  of  tho  bench  and 
denied  tho  accountability  of  tho  supremo  judiciary  to  tho 
general  lusscmbly.  Tho  assond)ly  resolved  that  no  satisfactory 
roiusons  had  been  rendered  by  tho  bench  for  its  judgment,  and 
discharged  them  from  further  attentlanco. 

!New  York  successfully  extricated  itself  from  tho  confusion 
of  continontid  and  state  paper  money;  but  in  April  of  tho 
fatal  year  178i)  its  legislature,  after  long  debates,  mado  ro- 
markable  by  tho  remonstrances  of  Duer,  voted  to  omit  two 
hundred  thousiind  pounds  in  bills  of  credit.  Tho  money  so 
omitted  was  receivable  for  duties,  and  was  mado  a  legal  tender 
in  all  suits.* 

In  tho  council  of  revision  strong  but  not  successful  objec- 
tions wore  raised.  Livingston,!  tho  chancellor,  set  forth  that 
a  scarcity  of  money  can  bo  remedied  only  by  industry  and 
economy,  not  by  laws  that  foster  idleness  and  dissipation ;  that 
tho  bill,  under  tho  ai>pearaneo  of  relief,  would  add  to  the  dis- 
tress of  tho  debtor;  that  it  at  tho  same  instant  solicited  and 
destroyed  credit ;  that  it  would  cause  tho  taxes  and  debts  of 
tho  state  to  tho  United  States  to  bo  paid  in  paper.  Ilobart, 
ono  of  tho  justices,  reported  that  it  would  prove  an  unwar- 
rantable interference  in  private  contracts,  and  to  this  objection 
Livingston  gave  his  adhesion.  Morris,  the  chief  justice,  ob- 
jected to  receiving  the  bills  in  the  custom-house  treasury  as 
money,  and  held  that  the  enactment  would  bo  working  iniquity 
by  the  aid  of  law ;  but  a  veto  was  not  agreed  upon.  J 

Livingston,  the  governor  of  New  Jersey,  communicating  to 
its  legislature,  in  May  1783,  the  tidings  of  peace,  said :  "  Let  us 
show  ourselves  worthy  of  freedom  by  an  inflexible  attachment 

*  Jones  and  Varick's  New  York  Laws,  cd.  1789,  2Sn. 

f  Street's  Council  of  Revision  of  tho  State  of  New  York,  409. 

I  Street's  Council  of  Revision  of  the  State  of  New  York,  412,416. 


1      I 


1787. 


NEED  OF  AN  OVERRULING  UNION. 


in 

to  public  faith  and  national  honor;  let  uh  cstubliHh  our  charac 
tor  as  a  sovereign  state  *  on  the  only  durable  basis  of  inmartial 
and  universal  justice."     The  legislature  responded  to  his  words 
by  authon^ng  the  United  States  to  levy  the  duty  on  connnerco 
which  had  been  required,  and  by  making  a  provision  for  rais- 
ing  ninety  thousand  pounds  by  taxation  for  the  exigencies  of 
the  year.     In  settling  del>ts  it  gave  legal  power  to  the  court 
and  jury  to  decide  the  case  to  the  best  of  their  knowledge 
agreeably  to  equity  and  good  conscience.t    U.it  in  the  follow! 
ing  December  It  returned  to  paper  money,  and  sanctioned  the 
issue  of  more  than  thirty-one  thousand  pounds  $  to  su],ply  he 
quota  of  the  state  for  the  year.  ^^  ^ 

KfJl   *^'"  ^'^i'^t'tJ'"  arguments  against  paper  money  wore 
stated  so  fully  and  so  strongly,  that  later  wrilers  on  politick 
economy  have  added  nothing  to  tlio  practical  wisdon    of    ho 
thoughtful  men  of  that  day ;  and  yet  in  178G  a  bill  for  the 
ennssion  of  one  hundred  thousand  pounds  marched  in  triumph 
through  Its  assembly,  which  sat  with  closed  doors.    The  money 
wi«  a  tender;  if  it  wa«  refused,  the  debt  was  suspended  for 
twelve  years     In  the  mean  time  the  act  of  limitation  continued 
ni  force,  and  m  effect  destroyed  it.     In  the  council  the  bill 
was  lost  by  eight  voices  to  five.**     In  consequence  of  this 
check  the  efhgy  of  Livingston,  the  aged  governor,  was  dra^vn 
i.p  to  the  stake  near  Elizal)othtown,  but  not  consigned  to  the 
ilames  from  reverence  for  the  first  magistrate  of  the  common- 
wealth ;  that  of  a  member  of  the  council  was  burned.     In  May 
the  governor  and  council  thought  proper  to  yield,  and  the  bill 
for  paper  money  became  a  law.     A  iaw  for  paying  debts  in 
lands  or  chattels  was  repealed  within  eight  months  of  its  enact- 
ment. 

The  opulent  state  of  Pennsylvania  by  a  series  of  laws 
emerged  from  the  paper  currency  of  the  war.  But,  in  Decem- 
ber 1784,  debts  contracted  before  1777  were  made  payable  in 
three  annual  instalments.!    In  1785  one  Jmndred  and  fifty 

*  MulforcVg  New  Jersey,  473. 

f  Act  of  June  1783.    I'aterson'a  Laws  of  New  Jer.ev,  ed.  1800,  60 

t  v\  ilson's  Laws  of  New  Jersey,  eil.  1784  3(i:} 

I  D,T"'r  "'?:"'  ''  ""■'''  ''''■     '''''  *«  ^^■•S"""^^.  17  Murch  1786. 
I  Dullns's  Laws  of  Pennsylvania,  ii.,  2S6. 

VOL.  VI.  — 13 


11 


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.;! 


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);■ 


172 


ON  TIIK  WAY  TO  A  FEDKRAL  CONVENTION.  n.n.;oit.vi. 


thousand  pounda  wore  issued  in  bills  of  credit,  to  bo  received 
as  gold  and  silver  in  j)aynientH  to  the  state;*  and  iifty  thou- 
sand pounds  were  emitted  in  bills  of  credit  on  loan,  f  The 
bank  of  the  United  States  refusing  to  receive  these  bills  as  of 
oqu'\l  value  with  its  own,  its  act  of  incorporation  hy  the  state 
was  repealed. 

In  February  1785  Delaware  called  in  all  its  outstanding 
bills  of  credit,  whether  emitted  before  or  since  the  declaration 
of  indepenilenco,  with  ordera  for  redeeming  tlieju  at  the  rate 
of  one  pound  for  seventy-tive.  After  six  months  they  would 
cease  to  bo  redeemable.  J 

Maryland,  in  its  Juno  session  of  1780,  emitted  thirty  thou- 
sand pounds  sterling  to  bo  a  legal  tender  for  all  debts  and  con- 
tracts. In  the  same  session  it  was  enacted  that  all  contracts 
expressed  in  writing  to  bo  in  specie  were  to  bo  paid  in  specie. 
In  1782  it  enacted  a  stay-law  extending  to  January  1784,  and 
during  that  time  the  debtor  might  rnuko  a  tender  of  slaves,  or 
land,  or  almost  anything  that  land  produced;  but  the  great 
attempt  in  178(5  to  renew  paper  money,  though  pui-sued  with 
tho  utmost  violence  and  passion,  and  carried  in  the  assembly, 
was  successfully  held  in  check  by  the  senate. 

Georgia,  in  August  1782,  stayed  execution  for  two  years 
from  and  after  the  passing  of  the  act.  In  February  1785  its 
bills  of  credit  were  ordered  to  bo  redeemed  in  specie  cortifi- 
catcs,  at  the  rate  of  one  thousand  for  one.  This  having  been 
done,  in  August  of  the  next  year  Iifty  thousand  pounds  were 
emitted  in  bills  of  credit,  which  were  secured  "by  tho  guaran- 
teed honor  and  faith  "  of  tho  state,  and  by  a  mortgage  on  a 
vast  and  most  fertile  tract  of  jwblic  land.* 

South  Carolina  attracted  special  attention.  In  February 
1783  that  state  repealed  its  laws  making  paper  money  a  legal 
tender.  Twenty  days  later  the  commencement  of  suits  was 
suspended  till  ten  days  after  the  sitting  of  tho  next  general 
assembly.  1     Tho  new  legislature,  in  March  1783,  established, 

*  Dallas's  Laws  of  Pennsylvania,  ii.,  2o7. 
f  Ibid.,  294. 

X  Laws  of  Delaware,  cd.  1191,  801. 

*  Watkins's  Digest  of  tlio  Laws  of  Geor;;ia,  314,  815. 
I  Statutes  at  Large  of  South  Carolina,  iv.,  613. 


1     I 


iW-  NEED  OF  AN  OVERRULrNO  UNION.  ,.3 

a«  in  otl,or  «totos,  „  tabic  „f  ,l,,proci,.tio„,  »„  tlmt  .loht,  ,„M,t 
b.«„.rg^da,«r<li„g  to  thoir  «,!  vah,,,  „t  tl.o  time  „?to 
onginul  mntmcf  ()„  the  twonty.«i.,th  day  of  March  17"  4 
came  I.  ^at  „^i„         ,,  ,,„  ./.lol.t/rf  ,  I , 

b  loforo  the  arnva  of  the  Kmt  epoch  a  law  „f  October  17hV; 
whch  »oon  bocarao  known  a»  tho  "barren  h.n,I  law"  L,h,.r' 
..od  the  debtor  to  tender  to  the  plaintiff  «„.|,  part  'in"  I" 
erty,  rca  „r  personal,  .,  be  shonld  think  proper,  e  en  thZli 

ampt  It  at  tlireo  fourthg  of  its  annraised  vi.Ino      «j      u 
on.ly  with  this  act  Sonth  (.'arolh^Ced  on  "LndcTl  tZ" 
and  i,„„„d«  i„  ,ill„  of  eredit,  to  ho  loaned  at  eeven  p  r  c  nt" 
Ihe  penod   or  the  inrtahnent,  wa,  .^newed  and  prolonged  J 

l)«rn.g  the  war.  North  Carolina  n,ade  lavish  me  of  panor 
money      I„  April  I78;t,  after  the  retnm  of  peace  Tt  /til iT 
dervarionsp,.te„eo,,pnt  into  circulation  .,  e    ™  i^d    „ I 
sand  ponnds-tho  ,«„n,l  in  that  Btato  bein..  ennal   ^11  In 
one  h»lf.V"i»>.  milled  dollars;  and  in  the" Z  '1 1,   ,nt 

11.0  town  of  KdentoM,  nsing  tho  words  of  ,Ta,ne.s  Iredell  in- 
structed  the,r  representative,  „„d  senator  in  these  words  "Wo 
earnestly  entreat,  for  the  sake  of  „„r  officer  and  bo  diers  as 
well  ,a«  onr  own  and  that  of  tho  public  at  large,  thi  »  mo™ 
paper  money  nnder  any  circn.nstanees  n,„y  bo  n  a-Kand  tTaT 

.nrncd.  But  the  protest  availed  nothing.  I„  November 
1785,  one  hnndrcd  thousand  pounds  paper  cSn-eney  To^^X 
ordered  o  bo  cndtted,  and  to  bo  a  lawful  condor  in  a  1  mv 
men  s  whatever.  So,  while  tho  confederation  was  g,"sptg7r 
I.fe,  tho  finances  of  North  Carolin.a,  both  public  and  private 
we™  throatened  with  ruin  by  an  irn^deomalde  cnrxcney'  °' 
1  ho  redemption  of  the  country  from  tho  blight  ^f  mner 

r,mion°'"'t'  '7t  °"  ^■^s'"'="-  '^'■«  Ast itr  n 

^ulo  IfT      '*"'"'r."1"''™8  *''°  N"^"'-'™^''  «>«  chief 
rehanco  of  tho  am,y  of  Greene  at  the  South,  the  scene  of 

«  ft.    .    . 


*  Statutes  at  Large  of  South  Carolina,  iv.,  503 
f  Ibid,,  640,  641. 


t  Ibid.,  710-712. 

*  Life  of  Iredell,  il.,  46,  C.3. 


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174   ON  THE  WAY  TO  A  FEDERAL  CONVENTION.  D.ii.;cn.vi. 

the  war  in  its  last  active  year,  Virginia  far  exceeded  any  other 
state  in  its  omission  of  millions  in  paper  money.     After  the 
victory  at  Yorktown,  it  ceased  to  vote  new  paper  money.     The 
old  was  declared  to  bo  no  longer  receivable,,  except  for  the 
taxes  of  the  year,  and  it  wjw  made  redeemable  in  loan  office 
certificates  at  the  rate  of  one  thousand  for  one.*     In  retalia- 
tion for  the  most  wanton  destruction  of  property,  British  debts 
were  not  recoverable  in  the  courts.     For  others  it  constructed 
a  scale  of  depreciation  in  the  settlement  of  contracts  made  in 
the  six  years  following  the  first  of  Jaimary  1777.     It  had  stay- 
laws.     For  a  short  time  it  allowed  executions  to  be  satisfied  by 
the  tender  of  tobacco,  fiour,  and  hemp  at  a  i)rice  to  be  settled 
every  month  by  county  courts.f     For  a  year  or  two  lands  and 
negroes  might  bo  tendered  on  judgments,  but  every  contract 
made  since  the  first  of  January  1782  X  was  to  bo  discharged  in 
the  manner  specified  by  the  contract.     So  Virginia  returned  to 
the  use  of  coin.     But  in  1785  rumors  went  abroad  that  the  as- 
sembly was  resolved  to  issue  a  paper  currency.     George  Mason, 
then  in  private  life,  scoffed  at  solemnly  pledging  tho  public 
credit  which  had  so  often  been  disregarded,  and  declared  that, 
though  they  might  pass  a  law  to  issue  paper  money,  twenty 
laws  would  not  make  tho  people  receive  it.**     At  the  end  of 
the  session  Madison  could  write  to  Jefferson  ||  that,  though  tho 
desire  of  paper  money  had  discovered  itself,  "  no  overt  attempt 
was  made ! " 

It  became  kno\vn  that  Meriwether  Smith  and  others,  aided 
by  an  unfavorable  balance  of  trade  and  the  burden  of  heavy 
taxation,  would  at  the  next  session  move  for  a  paper  medium. 
Aware  of  the  danger,  "Washington  insisted  that  George  Mason 
should  be  a  candidate  for  the  assembly ;  and  his  election  proved 
a  counterpoise  to  the  popular  cry.  Again,  quoting  from  his 
own  circular  of  June  1783,  that  "honesty  will  be  found,  on 
every  experiment,  the  best  policy,"  he  encouraged  Bland  to 
firmness.  The  subject  of  paper  money  was  introduced  in 
October  178G  by  petitions  from  two  counties,  was  faintly  sup- 
ported by  "  a  few  obscure  patrons,"  was  resisted  as  an  encour- 

•  Honing,  x.,  456.  f  Honing,  xi.,  75,  76.  J  Ibid.,  176-180. 

*  George  Mason  to  Washington,  9  November  1785. 
I  Works  of  Madison,  i.,  218. 


1  ,  /■ 


1787.  NEED  OF  AN  OVERRtTLINa  UNIO.^.  175 

agcmont  to  «  fraud  in  s.ates  against  each  otlior,"  and  "as  a  dis- 
grace  to  republican  governments  in  the  eyes  of  mankind  •» 
then,  by  eighty-five  against  seventeen,  it  was  voted  to  be  "un- 
just, impolitic,  destructive  of  public  and  private  confidence, 
and  of  tliat  virtue  which  is  the  bai^is  of  republican  govern- 
ment      The  words  show  the  mind  and  liand  of  Madison. 

1  here  was  need  of  a  new  bill  on  the  district  courts,  but  it  was 
c  oggcd  with  the  proposal  for  the  payment  of  private  debts  in 
three  annual  instalments.  Madison  held  that  "  no  legislative 
principle  could  vindicate  such  an  Interposition  of  the  law  in 
private  contract.,"  and  the  bill  was  lost,  though  but  by  one 
vote.  The  taxes  of  the  year  were  allowed  to  be  paid  in  tobac- 
co as  a  commutable."  "  These,  and  such  like  things,"  such 
was  the  unbending  criticism  of  AVasI  Ington,  "are  extremely 
hurtful,  and  may  be  reckoned  among  the  principal  sources  of 
the  evi  s  and  the  corruption  of  the  present  day;  and  this,  too. 
withouo  accomplishing  the  object  in  view,  for,  if  we  mean  to 
be  honest,  debts  and  taxes  must  be  paid  with  the  substance  and 
not  tJie  shadow."  f 

Excusing  the  legislature,  Madison  answered :  "  The  original 
object  was  paper  money;  petitions  for  graduated  certificates 
succeeded ;  next  came  instalments,  and  lastly  a  project  for 
making  property  a  tender  for  debts  at  four  fifths  of  its  value  • 
all  these  have  been  happily  got  rid  of  by  very  large  majorities."  ± 

The  mind  of  the  country  bent  itself  with  all  its  energy  to 
root  out  the  evils  of  paper  money,  and  establish  among  the 
states  one  common  nile  by  which  the  obligation  of  contracts 
might  be  preserved  unimpaired.  No  remedy  would  avail  that 
did  not  reach  them  all.  They  found  that  for  the  security  of 
money  there  were  but  two  remedies :  frugality  to  diminish  the 
need  of  it,  and  increased  industry  to  produce  more  of  it.  They 
found  that  paper  money  drives  specie  away;  that  every  new 
issue  hastens  its  disappearance,  destroying  credit  and  creating 
a  famine  of  money ;  that  every  penalty  for  the  refusal  to  ac 
cept  paper  money  at  par  lowers  its  worth,  and  that  the  heavier 
the  penalty  the  more  sure  is  the  decline.  They  saw  the  death- 
blow that  IS  given  to  credit,  when  confidence,  which  must  be 

*  Madison,  i.,  2Sff,  252,  253,  256,  2(30,  265   267 
t  Washington  to  Madison.    MS.  ^  Madison,  i.,  207,  288. 


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17G  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  cff.vi. 

voluntary,  is  commanded  by  force.  They  saw  that  tlie  use  of 
paper  money  robs  industry,  frugality,  and  honesty  of  their  natu- 
ral rights  in  belialf  of  spendthrifts  and  adventurers.*  Gray- 
son held  that  paper  money  with  a  tender  anno,  sd  ^o  it  is  in 
conflict  with  that  degree  of  security  to  property  which  is  fun- 
damental in  every  state  in  the  union,  f  He  further  thought 
that  "congress  should  have  the  power  of  preventing  states 
from  cheating  one  another,  as  well  as  their  own  citizens,  by 
means  of  paper  money."  ^ 

Madison  classified  the  evils  to  be  remedied  under  the  four 
heads  of  depreciated  paper  as  a  legal  tender,  of  property  sub- 
stituted for  money  in  payment  of  debts,  of  laws  for  paying 
debts  by  instalmen^«*,  and  "  of  tiie  occlusion  of  the  courts  of 
justice."  To  roc  iit  the  dishonest  system  effectually,  he  held 
it  necessary  to  gi  .;  the  general  government  not  only  the  right 
to  regulate  coii.  as  in  the  confederation,  but  to  prevent  inter- 
ference with  state,  inter-state,  and  foreign  contracts  by  separate 
legislation  of  any  state.  The  evil  was  everywhere  the  subject 
of  reprobation  ;  the  citizens  of  Massachusetts,  as  we  learn  from 
one  of  its  historians,**  complained  of  "retrospective  laws;" 
Pelatiah  "Webster  of  Philadelphia  set  forth  that  "these  acts 
alter  the  value  of  contracts,"  ||  and  William  Paterson  of  Kew 
Jersey,  one  of  the  best  writers  of  that  day  on  the  subject, 
pointed  out  that  '-  the  legislature  should  leave  the  parties  to 
the  law  under  \vhich  they  contracted." 

For  resisting  reform,  Rhode  island  and  North  Carolina 
were  likely  to  be  the  foremost;  for  demanding  it,  and  for 
persisting  in  the  demand,  Connecticut  had  the  most  hopeful 
record.  Among  the  statesmen  to  whom  tlio  country  might 
look  in  the  emergency,  no  one  had  been  more  conspicuous  or 
more  efficient  than  Madison ;  but  Roger  Sherman  liad  all  the 
while  been  a  member  of  the  superior  court  of  his  own  state, 
and  so  by  near  observation  under  great  responsibility  had 
thoroughly  studied  every  aspect  of  the  obligation  of  contracts. 

*  Compare  the  writings  and  opiniDn?  of  William  Paterson,  R.  R.  LivingstoD, 
R.  II.  Lee,  Madison,  and  others,  written  or  uttered  in  tlie  years  immediately  pre- 
ceding 1787. 

+  Grayson  to  Madison,  22  March  17SG.         J  Same  to  same,  28  May  17S6. 

*  Minot's  Insurrection.  15.  \  Webster's  Essays,  120,  IDS. 


1783-1786.    CONGRESS  CONFESSES  ITS  HELPLESSNESS. 


177 


1 

Vim 


CHAPTER  VII. 

C0NGEES3   C0NPESSE3   ITS    HELPLESSNESS. 

1783-173G. 

"At  lengtli,"  so  wrote  Washington  to  Lafayette  in  1783, 
1  am  become  a  private  citizen  on  the  banks  of  the  Potomac 
solacing  myself  with  tranquil  enjoyments,  retiring  within  my- 
self, able  to  tread  the  paths  of  private  life  with  heartfelt  satit 
faction,  envious  of  none,  determined  to  be  pleased  with  all  • 
and,  this  being  the  order  for  my  march,  I  will  move  gently 
down  the  stream  of  life  till  I  sleep  with  my  fathers."     The 
French  minister,  Luzerne,  who  visited  Washington  a  few 
weeks  after  his  return  to  private  life,  "found  him  attired  in  a 
plam  gray  suit  like  a  Yirginia  farmer."    "  To  secure  the  hap- 
piness of  those  around  him  appeared  to  be  his  chief  occupa- 
tion." *    His  country  with  one  voice  acknowledged  that  but 
for  him  Its  war  of  revolution  must  have  failed.    His  glory 
pervaded  the  world,  and  the  proofs  of  it  followed  him  to  his 
retirement. 

Houdon,  the  great  French  sculptor  of  his  day,  moved  more 
by  enthusiasm  for  him  than  by  the  expected  compensation  for 
making  his  statue,  came  over  with  his  assistants  to  Mount 
Vernon  to  take  a  mould  of  his  person,  to  study  his  counte- 
nance, to  watch  his  step  as  he  walked  over  his  fields,  his  atti- 
tude as  he  paused  ;  and  so  he  has  preserved  for  posterity  the 
features  and  the  form  of  Washington. 

^  Marie  Antoinette  a(^ded  words  of  her  own  to  those  of  the 
<cing  of  France,  who  invited  him  to  visit  them.  Luzerne 
pressed  the  invitation  as  the  heartfelt  desire  of  the  French 

*  Luzerne  to  Kayncval,  12  April  1784. 


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178  ON  THE  WAY  TO  A  FEDERAL  CONVElTTIOl^.  B.n.;  on.vn. 

people.  "  Come  to  France,"  wrote  Rochambeau,  speaking  tlie 
wish  of  all  the  French  officers  who  had  served  in  America ; 
"  come,  and,  in  a  country  which  honors  you,  be  assured  of  a  re- 
ception without  example,  after  a  revolution  which  has  not  its 
like  in  history."  But  his  presence  was  needed  at  home  to  re- 
trieve his  affairs  from  the  confusion  consequent  on  his  lono- 
service  in  the  war,  during  which  he  not  only  refused  all  pay! 
but  subscribed  what  he  could  to  the  public  loans.  Of  these 
the  amount  of  the  principal  had  been  reduced,  and  the  inter- 
est, proportionately  reduced,  was  paid  in  paper  almost  worth- 
less. Moreover,  persons  indebted  to  him  had  seized  their  op- 
portunity to  pay  him  in  depreciated  continental  bills. 

His  estate,  than  which  "  no  one  in  United  America"  seemed 
to  him  "more  pleasantly  situated,"  consisted  of  over  nine  thou- 
sand acres,  for  the  most  part  of  a  grayish  clay  soil,  lying  on 
the  south  bank  of  the  Potomac,  and  having,  on  the  east  and 
west,  rivulets  which  rosd  and  fell  with  the  tides,  and  which, 
like  the  main  stream,  abounded  in  h'sh.  He  would  gladly 
have  found  a  tenant  for  two  thirds  of  it  at  an  annual  rent  of 
three  thousand  dollars ;  but  was  obliged  to  retain  the  manage- 
ment of  the  whole. 

^  His  unpretending  mansion,  with  rooms  of  low  ceilings,  and 
neither  many  nor  large,  was  well  placed  on  a  high  bank  of  the 
river.  For  beautifying  the  grounds  around  it,  he  would  ride 
in  the  fine  season  into  the  forests  and  select  great  numbers  of 
well-shaped  trees  and  shrubs,  elms  and  live-oaks,  the  pines  and 
the  hemlock,  holly-trees  and  magnolias,  the  red-bud,  the  thorn, 
and  many  others,  and  would  transplant  them  in  the  proper 
season.  His  orchard  he  filled  with  the  best  cherries  and  pears 
and  apples. 

At  the  end  of  a  year  and  a  half  he  had  not  been  able  *•  to 
rescue  his  privat'.  concerns  from  the  disorder  into  which  they 
had  been  thro^vn  by  the  war,"  though  success  in  tho  effort 
"was  become  absolutely  necessary  for  his  support."*  After 
he  had  been  at  home  for  two  seasons,  his  inventory  showed  of 
horses  one  hundred  and  Jiirty,  of  cattle  three  hundred  and 
thirty-six,  of  sheep  two  hundred  and  eighty-three;  the  hogs 
werr  untold,  but  on  one  winter's  day  a  hundred  and  twenty- 

*  Washington  to  numphrcys.     Sparks,  ix.,  113. 


1783-1786.    C0N6EESS  CONFESSES  ITS  nELPLESSNESS.      179 

eight  wore  killed,  weighing  more  thau  seyenteen  thousand 
pounds  Ills  "negroes,"  in  Febmarj,  1786,  numbered  Two 
hundred  and  sixteen.*  No  one  of  them  was'  wiZg  to  leave 
h.m  for  another  master.  As  it  was  his  fl.-ced  rule  nefer  dlhlr 
to  buy  or  to  sell  a  slave,  they  had  the  institution  of  mart! 
and  secure  relations  of  family.  The  sick  were  provided^* 
the  best  medical  attendance ;  children,  the  inflrmfand  the  led 
were  well  cared  for.  Washington  was  but  the  director  ofTis 
community  of  black  people  in  their  labor,  mainly  fonlieir  „™ 

but  "a  httle  wheat;"  and  after  a  season  of  drought  even  tW 
own  support  had  to  be  eked  out  from  other  resoul  s ,™  hl^ 

later  day,  and  m  accord  with  common  experience  in  Vii-jrinia. 

and  all  their  increase  were  maintained  upon  it,  their  owner 
would  gradually  become  more  and  more  emba.n^sed  or  im 
poverished     As  to  bounty  lands  received  for  seX  Z  Z 
sevon  ycarf  war  and  his  other  domains  beyond  the  Alleghany 
ie  "found  distant  property  in  lands  more  pregnant  ^fZ'- 

was  not  sufficient  to  meet  his  unavoidable  expenses,  and  he  be^ 
e  me  more  stmitened  for  money  than  he  had  ever  been  since 
his  boyhood ;  so  that  he  was  even  obliged  to  delay  pavinrZ 
annual  bill  of  his  physician,  to  put  off  the  ta.x-JtW^once 
-d  again,  and,  what  was  harder,  to  defer  his  charities;  fo" 

^dtogiriibi?;;"' '"  ^''^^^"-^  ^'^''"' '»™'' '°  g^. 

wisllnnt'tl"  "'"T^  ''"'  "^»*i"gton  was  severe.    He 

Sou  h  to  t  ^- """,  "™  '""''  ^''^  I""™"  ™™  of  the 
South  to  tr,avel  m  tliom  with  their  attendants,  thongli  thev 

Sn  of'tl  rT-;M  '"  "™""^  *■"??"-•»  "f  ^-^  i'"-p' 
but  wh  lo  !  P""'".""'™!™'  '"■*™™  the  slave  and  his  holder; 
but  «h,le  expressing  these  opinions,  he  took  care  to  write 

c"m  ioZ  *T"^'  If  ""  ™°  ""'-^  ^--^  ™--  '    ™a» 
cipafon  than   nmself.    lie  pressed  his  conviction  upon  the 

ading  pohicms  in  Virginia  that  the  gradual  abolh^on  rf 

slavery  "certamly  might,  and  assuredly  ought  to,  be  effected; 

*  From  cntric.  in  Washington's  unpublished  Di.ry. 


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180  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  u.ii.;  cn.vii. 

and  that,  loo,  by  legislative  authority."  *  "When  Coko  and 
Asbury,  tlio  iirst  superintendents  of  the  Methodists,  asked  him 
to  aid  tlieir  petition  to  the  Virginia  legislature  for  an  act  of 
universal  emancipation,  he  told  them  frankly  that  "ho  was 
of  their  sentiments,  and,  should  this  petition  bo  taken  into  con- 
sideration, he  would  signify  it  to  the  assembly  in  a  letter."  f 
Finding  that  tlie  legislature  of  the  state  would  not  entertain  a 
motion  to  do  away  with  slavery,  ho  sought  to  devise  practica- 
ble plans  for  emancipating  his  own  negroes  and  providing  for 
himself  and  then;  not  succeeding,  he  secured  their  enfran- 
chisement by  his  will.  :j: 

The  hardships  of  the  camp  had  worn  upon  his  constitu- 
tion, and  ho  was  persuaded  that  he  would  not  live  to  great 
age.*  The  price  of  health  to  him  from  day  to  day  was  to  pass 
much  of  the  time  in  the  open  air,  especially  on  horseback. 
Receiving  from  Europe  gifts  of  the  best  fox-hounds,  he  would 
join  in  the  chase,  sometimes  came  in  first,  but  delighted  most 
in  a  good  run  when  every  one  was  present  at  the  death. 

It  was  his  earliest  care  at  Mount  Vernon  to  arrange  liis 
papers  relating  to  the  war  for  the  use  of  tlie  historian.  Being 
asked  to  write  his  commentaries,  he  answered:  "If  I  had 
talents  for  it,  the  consciousness  of  a  defective  education,  and 
a  certainty  of  a  want  of  time,  unlit  mo  for  such  an  under- 
taking." II 

Every  one  agreed  that  AVashington's  "character  was  per- 
fectly amiable."  In  liis  retirement  he  so  i)racticed  all  the  vir- 
tues of  i)rivato  life  that  the  synod  of  the  IVesbytcrians  held 
him  up  to  the  world  as  the  example  of  purity.  To  use  the 
words  of  one  who  knew  him  well,  "The  breath  of  shmder  never 
breathed  upon  him  in  his  life  nor  upon  his  ashes."  lie  was 
generous  to  the  extent  of  his  means  and  beyond  them.    Young 

*Spnrk?,  ix.,  1G3,  164.  f  Coke's  First  Journal,  46. 

^  Wasliiii'.'ton  could  emancipate  his  own  slaves,  but  not  those  of  his  wife's 
estate ;  and  the  two  classes  were  linked  toj^ether  by  marriage  and  family  tics. 
To  this  diiliculty  in  the  way  of  emancipating  his  own  negroes,  Jladison  directed 
my  attention.  The  idea  has  prevailed  that  Wasliimjton  married  a  woman  of  for- 
tune, llcr  first  husband  dying,  left  his  afTnirs  in  an  ombarrassc'd  condition,  and 
they  cortninly  remained  so  in  the  hands  of  his  executor  or  agent  for  nearly  thirty 
years,  and  probably  longer. 

«  Sparks,  ix.,  78.  |  Sparks,  ix.,  113. 


ir88-I780.    CONGRESS  CONFESSES  ITS  DELPLESSNESS.      181 

porson,  wl.o  came  under  hk  control  or  his  guardianship  ho 
taught  n.othod  in  their  expenses,  and  above  all  he  irn2ted 
on  then,  the  duty  of  husbanding  their  means  so  as  o  bTah^^' 
able  and  ready  to  give.  aiways 

Washington  was  from  his  heart  truly  and  deeply  religious 
II.S  eonv.cfons  becan,e  more  intense  from  the  iniiuenco  "f  the 
great  events  of  his  life  on  his  character.  As  he  looked  back 
upon  the  th  ck«t  dangers  througli  which  he  had  steered  we 
know  from  h.mself  that  he  eould  not  but  feel  that  ho  had  beTn 

thmgs  Of  the  Protestant  Episcopal  Church,  he  beloneed 

decdedly  to  tl,e  party  of  „,odcn>tion,  and  "had  no  dcsl  to 
open  a  cor.espondenee  with  the  newly  ordained  bishop "  of 
Com,cet.cut.t    Not  a  metaphysician  nof  an  analyze,  oleds 
h.a  r„„g,o      foiu^  ,^^,^  ,.^  iralti  n     No 

man  more  thoroughly  believed  in  the^verruling  ProvWenee 
of  a  just  and  almighty  power;  and  as  a  chemist  knows  that 

^Ip  of  af  ffl'  ^"T"  """  "^""'^  »"  >'-'*  "^  the 

epof  an  effluence  fron.  beyond  this  planet,  so  Washington 

behe  d  ,n  the  movements  of  nations  a  mLhal  ing  infeSc^ 

Like  almost  every  great  warrior,  ho  hated  war,  and  wished 
to  see  that  plague  to  mankind  banished  from  the  krth  11 
never  expect  to  duw  my  sword  again,"  he  said  in  1  85  o  on 
of  the  Irench  oftcers  who  had  served  in  America     "iZ 

My  hrst  w,sh  is  to  see  the  whole  world  in  peace  and  ita  in 

mttr.rh"''''"'  "T"^"  ^'vingwhoS,:!^  „- 

most  to  the  happmcss  of  mankind."*  "As  a  citizen  of  th„ 
grea  repnUie  rf  humanity,"  such  are  his  wo  d^^  I "nl W 
tho  Idea  that  the  period  is  not  remote  when  the  beneiita  "f  f  S 
comn,„,  i„  „„„,,,  ,,„  ^^^^^^^.^^^  ^^^  horrors  of  1^ 
He  loved  to  contemplate  human  nature  in  the  state  of  pro^ 
gressjve  amelioration.^  His  faith  in  Providence  led  h  m  to 
found  that  hope  on  the  beUef  that  justice  hasa  l^h  ^T  il 


*  Sparkfi,  ix.,  21,  22. 

t  Diary  for  Monday,  10  October  1785 

tSparka,  h.,  112, 113. 


*  Ibid.,  138,  139. 
II  Ibid.,  193,  194. 
^  Ibid.,  306. 


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182  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.  ii. ;  on.  ni. 

own  wliicli  will  by  dcgroes  coininand  rospoct  as  tlio  nilo  for  ull 
nations. 

IIo  winliod  micoosfl  to  every  people  that  wore  struggling  for 
bettor  dayi^.  Afllicted  by  the  abject  penury  of  the  uiaaa  of  the 
Irish,*  he  gave  them  his  sympathies.  A  hope  dawned  of  re- 
newed national  life  for  the  (Jroeks.  Jle  could  scarcely  con- 
ceive that  the  Turks  would  be  permitted  to  hold  anv  of  their 
possessions  in  Europe.f 

He  M-ek'omed  with  enthusiasm  the  approach  of  the  Frencli 
revolution,  and  at  an  early  day  pointed  out  tlu;  danger  that 
menaced  the  king  and  his  only  avenue  of  saf(;ty ;  saying: 
"His  ^rost  Christian  Majesty  sneaks  and  acts  in  a  stylo  not 
very  pleasing  to  republican  ears  or  to  republican  forms,  nor 
to  the  temper  of  his  own  subjt>cts  at  this  day.  Liberty,  when 
it  begins  to  take  root,  is  a  j^lant  of  rapid  growth ;  the  checks 
ho  endeavors  to  give  it,  however  warranted  by  ancient  usage, 
will  more  than  probably  kindle  a  flame  which  may  not  be 
easily  extinguished,  though  it  may  bo  smothered  for  awhile  by 
the  armies  at  his  connnand  and  the  nobility  in  his  interest. 
When  a  people  are  oppressed  with  taxes,  and  have  cause  to 
believe  that  there  has  been  a  misapplication  of  the  money,  they 
ill  brook  the  language  of  despotism."  }• 

To  Lafayette,  whoso  desire  to  signalize  himself  he  well  un- 
derstood, he  said:  "Croat  moderation  should  bo  used  on  both 
sides ;  I  caution  you  against  running  into  extremes  and  preju- 
dicing your  cause."  ^ 

In  foreign  ajfairs  Washington  inclined  neither  to  Fi-anco 
nor  to  England  ;  his  system  of  politics  was  impartially  Ameri- 
can. At  homo  he  wa.^  devoted  to  no  state,  to  no  party.  His 
mind,  though  lie  was  of  Virginia,  was  free  from  any  bias, 
nortliern  or  southern,  the  allegiance  of  his  heart  being  given 
to  United  America. 

At  Uoxmt  Venion,  on  tlie  twcnty-<Mghth  of  l\rarch  1785^ 
the  joint  conuuissionei-s  of  the  two  states  divided  by  the  Toto' 
mac,  Ceorgo  I^fason  and  Alexander  irendersou  of  Virginia, 
Daniel  of  St.  Thomas  Jenifer,  Thomas  Stone,  and  Samuel 
('ha.>^e  of  T\[aryland,  met  under  the  aus])ices  of  Washington. 
As  his  near  neighbor,  intimate  friend,  and  old  political  asso- 

*Sim.ks,ix.,3n8.  tlbid.,  8G0.  $  Ibid.,  S32.  »  Ibid.,  381. 


1783-17811.  OONGKESS  CONFESSES  ITS  UELI-LESSNESS.  I83 
eiaU,  Ma»on  subu.ittod  to  bis  influonco  and  entered  with  zeal 
uln.        *  """""  "'  '''"•*'  '""^  *''"  '""vemeuta  tlut  led  to 

The  commissioners  prepared  Hie  terms  of  a  compact  be 

;veen  the  two  states  for  the  jnrisdietion  over  the  waZo   the 

Chesapeake  bay  and  the  rivers  that  were  eomn.on  to  both  state 

«.d,  conforndng  to  the  wishes  of  Washington,  they  re  nested' 

Ponnsy  va„,a  to  grant  the  f™  use  of  the  branches  of  the  Ohio 

r  rind  t  "■■;.'''/""?"'"'""«  *^"  — '-"  I'^tween"    : 
Hvor  and  tlio  rotonmc* 

The  prinmry  object  of  their  commission  being  fulfilled 

le°Cotta7  """"rj-f.fe— '  1-%.  a.«I  rcco,nmend  d  to 
the  two  states  a  unifonnity  of  dnties  on  im,,o,-ta,  „  uniformity 
of  commercal  regulations,  and  a  unifonnity  of  eurre"ey  + 
George  M^n  was  charged  with  the  rejiort  of' their  ddnJio 
the  legislature  of  his  state.  ^ 

Wben  tho  assembly  of  Virginia  came  together,  congress 
and  the  country  were  rent  by  tho  ipiOstioa  of  investiircr 

middle  states  were  zealous  for  the  ine.«ure  ;  tho  southen,  were 
divided;  Pennsylvania  had  established  duties  of  its  own,  with 

SouthT™-  ""'J™'  "f,,-'™'"'%-«  Jo".estie  manutacLres ; 
boutl.  Carolina  was  delil,er,ating  on  the  distresses  of  her  com- 
nieree.  I,,  the  a..seinbly  of  Virginia,  in  which  there  was  a 
great  conflict  of  opinion,  Madison  J  spoke  for  the  grant  of 

and  as  need  ul  in  order  to  condnet  the  foreign  ix^lations.  to  ar! 

one  s  ^T  r  •  '™°'i  "'"  '"""'  '"  l"-"™"'  "'-""«"'«  of 
00  state  to  the  injury  of  another,  to  establish  a  system  intelli- 

giblo  to  foreigners  trading  with  the  United  States,  to  counter- 
act  the  evident  design  of  Great  Britain  to  weaken  the  confed- 
eracy, am  to  preserve  the  federal  constitution,  which,  like  all 
other  ins  itutions,  could  not  remain  long  afteMt  should  cease 
to  bo  ,«  „1.    The  dissolution  of  the  ui^ion  would  be  the T 

Pci^ld  ti'"*'Tt""  *''"'"™''''  states,  burdensome  and 

api«al  to  the  sword  in  every  petty  squabble.    Washington 

•  Peansjlvani.  Arcfe,,  6,1.  ^  ,„,„,,,  ^  ^^ 

;  ISotes  ot  Madison'a  speech  in  Madiiinsi  i.   201   202 


'! 


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18i  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.  ii.  ;  cir.  vii. 

being  invited  to  offer  suggestions,*  answered  :  "  The  proposi- 
tion is  self-evident.  We  are  either  a  united  people  or  wo  are 
not  so.  If  the  fonuer,  let  us  in  all  matters  of  general  concern 
act  as  a  nation  which  has  a  national  character  to  support."  f 
"  If  the  states  individually  attempt  to  regulate  commerce,  an 
abortion  or  a  many-headed  monster  would  be  the  issue.  If 
we  consider  ourselves  or  wish  to  bo  considered  by  others  as  a 
united  people,  why  not  adopt  the  measures  which  are  charac- 
teristic of  it,  and  support  the  honor  and  dignity  of  one  ?  If 
we  are  afraid  to  trust  one  another  under  qualified  powers,  there 
is  an  end  of  the  union."  ;{: 

The  house  was  disposed  to  confide  to  congress  a  power  over 
trade ;  but,  by  the  stratagem  of  the  adversaries  of  the  resolu- 
tions, the  duration  of  the  grant  was  limited  to  thirteen  years. 
This  limitation,  which  was  reported  on  the  last  day  of  Novem- 
ber, took  from  the  movement  all  its  value.  "  It  is  better,"  so 
wrote  Madison  to  Washington,  « to  trust  to  further  experience, 
and  even  distress,  for  ah  adequate  remedy  than  to  try  a  tem- 
porar)^  measure  which  may  stand  in  the  way  of  a  permanent 
one.  The  difficulty  now  found  in  obtaining  a  unanimous  con- 
currence of  the  states  in  any  measure  must  increase  with  every 
increase  of  their  numbers."  * 

All  was  at  a  stand,  when  suddenly  a  ray  of  light  was  thrown 
upon  the  assembly  by  Maryland.  On  the  fifth  of  December 
the  adhesion  of  that  state  to  the  compact  relating  to  the  ju- 
risdiction of  the  waters  of  Chesapeake  bay  and  the  Potomac 
was  laid  before  Virginia,  which  without  delay  enacted  a  corre- 
sponding law  of  equal  liberality  and  precision.  ||  The  desire 
of  Maryland  was  likewise  announced  to  invite  the  concurrence 
of  Delaware  and  Pennsylvania  in  a  plan  for  a  canal  between 
the  Chesapeake  and  the  Delaware;  "and  if  that  is  done,"  said 
Madison,  "  Delaware  and  Pennsylvania  will  wish  the  same 
compliment  paid  to  their  neighbors.".  But  the  immediate 
measure  of  Maryland  was  communicated  in  a  letter  from  its 
legislature  to  the  legislature  of  Virginia,  proposing  that  cora- 

*  David  Stuart  to  Washington,  16  November  1785. 

f  Sparks,  ix,,  145,  146.  }  Washington  to  Stuart,  30  November  1786. 

«  In  Elliot,  i.,  114,  the  resolution!?  as  reported  on  the  30th  November  arc  pub- 
lished  as  Madison's ;  but  they  found  in  Madison  their  strongest  opponent.  Madi- 
son, i.,  205,  206,  and  compare  203.  |  Hening,  xii.,  60,  55. 


1788-1786. 


CONGRESS  CONFESSES  ITS  HELPLESSNESS. 


185 

InJ^"''""'!-'"'?/'"''''^''''^  tlio  house,  "  wisLcd  congress  to 
have  the  •  enfro  "regulation  of  trade."    In  ooneert  wfth  him 
a  rcBo  u  ,on  was  drafted  by  Madison  for  the  appointment  of 
com„„.s.oners  from  Virginia  and  all  the  other   taL  to  diLs 

gress  over  trade,  their  report  to  he  of  no  foree  until  it  should 

.n  ZZTXl,  ^""f  "/  '?"^  "^«=™'  ^*^-    Madison  5 
el^!.n         7^  J'  "'"''  ''"'"e  '«'™'-  «'='-™<l  in  the  federal 
conned,  vas  free  from  every  suspicion  of  inclining  to  am>t™ 
too  much  power,  presented  the  resolution.    It  was  suifSto 
he  on  the  table  till  the  last  day  in  the  session  •  ri.^r      *, 
twenty-first  of  January  1780,  it^int    hr  ^^^  botl    Cc L" 
of  the  legislature  by  a  large  majority.    Am°ong  t      00™™? 
'ZTJli  :r,  "''0-.  Madison  was  the  «.°t  selcetr:„ 
the  part  of  the  home.      The  commissioners  named  the  fiiBt 
Monday  of  September  for  the  day  of  their  meeting,  and  An 

inCLT  T  "'""'""  ""='"""■'  "'  '"  --otene^'ftlthe 
nflncnces  of  congress  and  the  centres  of  trade.     The  invT 

tat,jms  to  the  states  were  m.ade  through  the  executive  of  vS-" 

.^?v  'I'-  *™"*y-»«=™'l  Madison  wrote  to  Monroe:  "The 

adTS  l''^"^^"'™  "»"-g;  -d,  asa  recommendation  0 
additional  powers  to  congress  is  within  the  purview  of  the 

firoc:':"'t"  "'  '"*'' '"'  '"  """^--^.cncestW 

third 'oVn!I'  ""T"'^  -o  -  "  ""'  ^  ""•S^"'^"''  »"'"  «">  t«-enty- 
n  r?/4  "i"''  "^"'  "•■"'°>  ^«°  «'»'»  being  present 

busincL  %°^'=™''^^  »»'  «t»to  enough  were  present  to  do 

^ed  tlnf  t,  T  ,*  '""^  ™  *  P^™""™*  1-0™"'  "  w.-^ 

agreed  that  the  confederation  had  its  vices,  and  the  question 

of  pohcywas:  Shall  these  vices  be  corrected  gradually  SS 
Just  seventeen  days  after  Virginia  had  invited  the  states  to  a 

*Stuartto  Washington,  7  fi  Df'c-p'bor  ""f"  i  xr   „ 

fe      , cmncr  .  ,f*^  ^  Madison,  i.,  222. 


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180  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  i..  ii. ;  ni.  vil. 

oomiiioii  consultation  at  Annaj)()IiH,  Charloa  Pincknoy  of  South 
Carolina,  in  a  motion  of  very  great  longth,  ascribed  the  cx- 
tonsion  of  tho  coninierco  and  tho  Hoeurity  of  the  liberties  of 
tho  Htates  to  tho  joint  efforts  of  tho  whole  :  "  They  have,  there- 
fore," he  iuHisted,  "  wisely  determined  to  make  the  welfare  of 
the  union  (heir  lirst  object,  rellecting  that  in  all  federal  regula- 
tions something  must  bo  yielded  to  aid  tho  whole,   and  that 
those  who  expect  support  must  be  ready  to  afford  it."  *     Tho 
motion,  after  bi'ing  under  discussion  for  two  days,  was  referred 
to  a  connnittoo  of  live.     On  tho  ilfteenth,  King,  Tincknoy, 
Kean,  Monroe,  and  I'ettit,  representatives  of  South  (.\irolina 
and  the  three  great  states,  reported :  "  The  re(iuisitions  of  con- 
gress, for  eight  years  past,  have  been  so  irregular  in  their  oper- 
ation, so  uncertain  in  their  collection,  and  so  evidently  unpro- 
ductive, that  a  reliance  on  them  in  future  jus  a  source  from 
whence  moneys  ai*e  to  be  drawn  to  discharge  the  engagements 
of  the  confederacy  would  be  not  loss  dishont)rablo  to  tho  i:n- 
derstandings  of  those  who  entertain  such  coniitlence  than  dan- 
gerous to  the  welfare  and  peace  of  the  nmon.     The  conunittco 
are,  therefore,  seriously  impressed  with  the  indispensable  ob- 
ligation that  congress  ju'o  under  of  representing  to  the  inuuo- 
diate  and  impartial  consideration  of  the  several  states  the  utter 
impossibility  of  maintaining  and  preserving  the  faith  of  tho 
federal  government  by  temporary  requisitions  on  the  states, 
and  tho  conseipient  necessity  of  an  early  and  complete  accession 
of  all  tho  states  to  tho  rtn-enue  system  of  tho  eighteenth  of 
April  1TS;5."      "After  tho   most    solemn    deliberation,   and 
under  the  fullest  conviction  that  the  public  embanussments  arc 
such  as  above  represented,  and  that  they  are  daily  increiusing, 
the  connnittee  are  of  opinion  that  it  lias  become  tho  duty  of 
congress  to  declare  niost  explicitly  that  the  crisis  htis  arrived 
when  the  people  of  these  United  States,  by  whose  will  and  for 
whose  benefit  tho  federal  governmi^nt  was  instituted,  must  de- 
cide whether  they  will  support  their  raidc  as  a  nation  by  nuiin- 
taining  the  public  faith  at  home  aiul  abroad ;  or  whether,  for 
want  of  a  timely  exertiimin  establishing  a  general  revenue  and 
thereby  giving  strength  to  the  confederacy,  they  will  hazard 
not  only  tho  existence  of  the  union,  but  of  those  great  and  in- 
*  Journals  of  Congress,  iv.,  617. 


f     I 


M 


mz-mo.  coNQnEs.s  oonlesse-s  its  helplessness.    197 

Thus  coiiKTOs  put  itself  OM  trial  before  the  countrv  „„,l 
.0  result  „f  tl,„  ,ear  w,.  to  <le„i,l„  „„  theirco  ,.peC7;„  U 
tl  0  guardians  of  tlu,  „„!„„  „,„,  tl,„  „,|,„,,kr»  of  fts  ,  3  m 

confudonitioH  work  eHicicntlv      ^l.^  n  .    P"^^'^»  u"<Jcr  tlio 
lin       ■  '^  "'"  "'"""■■>'  ""»■"  <'"''f"lly  than  over 

^  of  ;;::l^t;.-f  r  ;t'''7  "™  '^-"■"°"' 

J  '"„iu,  ana     ii  puu  for  it  was  form  iip-  Himin-l,  :* 

was  as  jet  immature.''  f  i^rming,  tliougli  it 

Kew  Jersey,  which  liad  all  along  vainlv  Bonrrl.f  fl.n 

t.o„of  thogoner;agovern„.o„t.gain!tr  L2 'of  t^^^^^^^^^ 
by  a  local  duty  levied  on  all  their  importations  from  »b  oad  for 

tl;e,r  own  oonsu„.,,tion  through  the  port  of  Ne,v Tor     at  ll 

consequences  that  must  inevitably  result  to  fW   7. 

cacn  to  support  a  separate  system  and  that  their  protection 
and  existence  depended  on  thoii.  „«:  i-  Protection 

aeneeaietatedthneeeX»:™;::rSr:;a:t^^^^ 

*  Journals  of  Congress,  Iv,,  61  j),  62n. 
VOL.  VI  -li   "^"^  '"  ^^"ishington,  16  March  1786. 


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188  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.rn. 


I    (. 


P!l 


govcmnicnf,  whidi,  whilo  it  protected  and  secured  the  whole, 
ioft  to  the  several  states  those  riglits  of  internal  sovereignty 
which  it  was  not  necL-ssary  to  delegate  and  which  could  bo  exor- 
ciflod  without  injury  to  the  federal  authority.  If  Now  Jersey 
conceives  herself  oppressed  under  the  present  confederation, 
let  her,  through  her  delegates  in  congress,  state  to  them  tho 
oppression  she  complains  of,  and  urge  tho  calling  of  a  general 
convention  of  tho  states  for  the  purpose  of  increasing  tho 
powers  of  tho  federal  government  and  rendering  it  more  ade- 
quate for  tho  ends  for  which  it  was  instituted ;  in  this  consti- 
tutional mode  of  application  there  can  be  no  doubt  of  her 
meeting  with  all  the  support  and  attention  she  can  wish.  I 
have  long  been  of  opinion  that  it  is  the  only  true  and  radical 
remedy  for  our  public  defects,  and  shall  with  pleasure  assent 
to  and  support  any  measure  of  that  kind  which  may  bo  intro- 
duced whilo  I  continue  a  member  of  that  body."  * 

Pleased  with  the  idea  of  a  general  convention.  New  Jersey 
recalled  its  vote,  accepted  within  a  week  tho  invitation  of  Vir- 
ginia to  a  convention  at  Annapolis,  elected  its  commissioners, 
and  empowered  them  "to  consider  how  far  a  uniform  system 
in  their  commercial  regulations  and  otheu  niPouTANT  matters 
might  be  necessary  to  tho  common  interest  and  permanent  har- 
mony of  tho  several  states ;  and  to  report  such  an  act  on  the 
subject  as,  when  ratified  by  them,  would  enable  tlie  United 
States  in  congress  assembled  effectually  to  provide  for  the  exi- 
gencies of  tho  union."  f 

'^'  If  it  should  bo  determined  that  the  reform  of  the  confed- 
eration is  to  bo  made  by  a  convention,"  so  wrote  Monroe  at  this 
time  to  l\[adisou,  "  the  powers  of  the  Virginia  commissioners 
who  are  to  go  to  Annapolis  are  inndoquate." :(:  Expi..- :dng 
why  more  extended  powers  had  not  been  given,  Madl.i^n  an- 
fiwered  :  "  The  assembly  would  liavc  revolted  against  a  pleni- 
potentiary commission  to  their  deputies  for  the  convention; 
the  option  lay  between  doing  what  was  done  and  doing  noth- 


ing- 


»  # 


*C!\ipy'3  Mil  .:?nm,  11.,  153.  Otto  to  Ycrgcnnos,  \1  March  1780.  Report  of 
ncrtholff,  the  All:  Mi-n  agent.  f  Elliot,  i.,  117,  118. 

J  This  letter  froni  Monroe,  of  a  date  previous  to  19  March  1786,  is  missing, 
Ita  content:^  arc  k.u>\vn  only  from  the  citation  of  it  by  Madison. 

•Madiion  to  Monroe,  19  March  1780.     Madison,  i.,  228,  229, 


U 


1783-1788. 


CONGRESS  CONFESSES  ITS   HELPLESSNESS. 


18i) 

"There  have  been  scrioim  thon^^hts  iu  the  minds  of  uicm 
bcrs  of  congress,"  wrote  (Jraysor.  to  Afadison,  <•  t.>  reconimo  1 
to  the  states  the  meeting  of  a  general  eonvention  ^ZZ^ 

to  tL  or?""  f  ""  -"federation,  and  there  is  a  n.ottn 
to  that  effect  under  consideration.  1  have  not  made  «n  mv 
m,nd  wither  it  s  not  •better  to  bear  the  ills  we  hav  '^^^ 
%  to  others  we  know  not  of.'  I  am,  however,  in  no  doub^ 
about  the  weakness  of  the  federal  governn.ent.  If  i t  7e 
mams  mud.  longer  in  its  present  state  of  imbecility,  we  shall' 
be  one  of  the  n.ost  conten.ptible  nations  on  the  face  of  the 

The  subject  lingered  in  congress  till  the  third  of  May 
Then  South  Carolina  for  a  third  time  raised  her  voice  a^fd 
Charles  Pn.ckney  moved  that  a  grand  con.mittce  be  aZo2a 
on  the  affairs  of  tlie  nation.     «It  is  necessary,"  he  sT  "to 

with  greater  powers,  or  the  federal  government  must  fall.     It 
8,  therefore,  necessary  for  congress  either  to  appoint  a  conven^ 
tion  for  that  purpose,  or  by  requisition  to  call  on  the  states  for 
Biich  powers  as  are  necessary  to  enable  it  to  administer  the  fed- 
eral government"     Among  some  of  the  defects  in  the  eonfed- 
oration  which  he  enumerated  were,  the  want  of  powers  for 
regulating  commerce,  for  raising  troops,  and  for  executing 
those  powers  that  were  given.     Monroe  replied:  "Congress 
ha^  full  power  to  raise  troops,  and  has  a  right  to  compel  com- 
pliance with  eveiy  requisition  which  does  not  go  beyond  the 
powers  with  .^lich  it  is  invested  by  tiie  conffderation.     A 
the  states  but  New  York  have  invested  congre^  with  eommer- 
ml  powei-s,  and  New  York  is  at  this  time  framing  an  act  on 
the  subject.^    I,  therefore,  see  no  occasion  for  a  convention." 
ihe  discussion  was  continued  at  great  length,  and  the  matter 
referred  to  a  committee  of  the  whole.f    But  the  discussion 
brouglit  congress  no  nearer  to  the  recommendation  of  a  general 
convention  ;  its  self-love  refused  to  surrender  any  of  ite  f unc- 

chT'e  them''^  '"  ""  ^^'^  ^'""""^  ""^  '*'  '''''^  incapacity  to  dis- 

Should  congress  tlien  of  itself  lay  a  revision  of  the  articles 

of  confederation  before  the  states  for  their  acceptance  ?    Here 

*  Grayson  to  Madison,  22  March  1786.  f  Thomas  Rodney's  Journal. 


1' 


'f 


j>  4 


I 


.i:i       »      ". 


;■( 


190  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.  il  ;  on.  vu. 


m  ^ 


( I 


*  !  ^ 


;  ! 


Grayson,  surveying  his  colleagues  with  a  discerning  eye,  at 
once  convinced  himself  that  congress  could  never  agree  on 
amendments,  even  among  themselves.*     For  himself,  he  held 
it  essential  that  the  general  government  should  have  power  to 
regulate  commerce ;  to  prohibit  the  states  from  issuing  paper 
money ;  to  prohibit  the  slave-trade ;  to  fix  the  site  of  the  gov- 
ernment in  the  centre  of  the  union,  that  is  to  say,  near  George- 
toAvn ;  and  to  change  the  method  of  voting  by  states  to  a  vote 
according  to  population.     Of  effecting  these  reforms  he  had  no 
hope.     He  was  sure  if  the  question  of  commerce  should  be 
settled,  Massachusetts  would  be  satisfied  and  refuse  to  go  further. 
"  Pinckney,  the  champion  of  powers  over  commerce,"  he  said, 
"  will  be  astounded  when  lie  meets  with  a  proposition  to  pre- 
vent the  states  from  importing  any  more  of  the  seed  of  Cain." 
New  York  and  Pennsylvania  would  feel  themselves  aggrieved 
if,  by  a  national  compact,  the  sessions  of  congress  should  always 
be  held  In  the  centre  of  the  empire.    Neither  Maryland,  nor 
Khode  Island,  nor  New  Jersey,  would  like  to  surrender  its 
equal  vote  for  one  proportioned  to  its  real  importance  in  the 
Union.     Grayson,  therefore,  did  not  "  think  it  would  be  for 
the  advantage  of  the  union  that  the  convention  at  Annapolis 
should  produce  anything  decisive,"  since  it  was  restricted  in 
its  scope  to  commerce,  and  the  question  which  he  proposed  to 
Madison  was :  "  The  state  of  Virginia  having  gone  thus  far, 
had  she  not  better  go  further  and  propose  to  the  other  states 
to  augment  the  powers  of  the  delegates  so  as  to  comprehend 
all  tho  grievances  of  the  union  ? "  f 

But  Pinckney  of  South  Carolina  was  not  daunted.  Fail- 
ing to  secure  the  vote  of  congress  for  a  general  convention,  he 
next  obtained  the  appointment  of  a  grand  committee  "  to  re- 
port such  amendments  to  the  confederation  as  it  may  be  neces- 
sary to  recommend  to  the  several  states  for  the  purpose  of  ob- 
taining from  them  such  powers  as  will  render  the  federal  gov- 
ernment adequate  to  the  ends  for  which  it  was  instituted." 
Congress,  in  a  committee  of  the  whole,  devoted  seven  days  of 
July  and  six  of  August  to  the  solution  of  the  great  question, 
and  before  the  end  of  August  the  report,  which  was  made  by 
a  sub-committee  consisting  of  Pinckney,  Dane,  and  Johnson, 


:!    I 


Ibid. 


^i^ummmmmSBBgm 


1783-1788.    OOKGBESS  CONFESSES  ITS  HELPLESSNESS.      191 
and^aeoepted  hy  a  g^d  committee,  «=ceivod  to  fu.al  amended 

ones':  *'^?e!."^  '^^''  ^'""^  "'  -^^"-tiou  seven  new 
tr.-'^'iytn''  ;'!*?  "'™  *"  "^Sulate  foreign  and  domestic 

paia  to  the  state  i^^t  I^^ZZ  ""^"^  ""  '^  "^ 
"therinT'  ""•  T'^'f"  '•^'!»i»i«o'>«  on  the  states,  was  to  fix 

J^J7r'^r'^  T^'"  **•«  ^'"t^  «''""  P-^s  logilative  acta 
p^ng  ful  and  complete  effect  to  the  same."    In  ease  of  nl 
loot,  the  state  ,™  to  be  changed  at  the  n.te  of  teTper  eeft 
^r  a^um  on  ,ts  quota  in  money,  a^d  twelve  per  cent  on  the 
ascertained  average  expenses  on  its  qnota  of  land  forces. 

If  a  state  should,  fo,-  ten  months,  neglect  to  pass  laws  in 
comphanee  with  the  requisition,  and  if'  a  majori^  ITlbZltZ 
shouM  have  passed  such  laws,  then,  but  not  till  then,  the  tv 
nue  requn-ed  by  congress  was  to  be  apportioned  on  to^vns™ 

sMto  ^17  *°  '"''  "^"^^  "«'"  appoint  othe«  with 

to  eirforce  the  collections.    Should  a  state,  or  citizens  without 
the  disapprovaJ  of  the  state,  offer  oppo.,  ion,  the  2^  of 

Ztl;:t^  "^  ^"■^'"^^^  "  -  »  "^'^  ^'"^«-  °f ' ""Vd! 
on  /^al^!'  "" '"  ""^  '"""""^  ""  "''™™^^  ^y  '"^  '"d  charged 
state!  oTofTl"^.''™™"  """^'^  ^  ^*^^^^M  by  eleven 

Se!  mU";  i::r ' "'  ^  '^  '"•"''°"'"''  -  '"«-""- 

nowlrl^t"*  ®?"'  ^"^  *"  '"'™  *^  ^o'"  ^-^d  exclusive 
treason,  piracy  or  felonies  on  the  high  seas  and  to  i„«i,-t„t„ 

Kir  :;"'^  '"-^  ]"^  ''^^■^"'  '='^"'  '^' » ~ : 

quorum,  to  hear  appeals  from  the  state  courts  on  matte.^  con- 


,1    • 


5:':(!'fii«' 


''  I 


jl  -'11 


f  "* 


192  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.vii. 

ceming  treaties  with  foreign  powers,  or  tlie  law  of  nations,  or 
commerce,  or  the  federal  revenues,  or  important  questions 
wherein  the  United  States  should  be  a  party. 

To  enforce  the  attendance  of  members  of  congress,  a  state 
might  punish  its  faulty  delegate  by  a  disquaUfication  to  hold 
office  under  the  United  States  or  any  state. 

These  resolutions,  though  most  earaestly  discussed  in  con- 
gress, were  loft  to  repose  among  its  countless  reports.     They 
did  not  offer  one  eli'ective  remedy  for  existing  evils;  they 
never  could  win  a  majority  in  congress ;  no  one  fancied  that 
they  could  obtain  the  unanimous  assent  of  the  states;  and, 
could  they  have  gained  it,  the  articles  of  confederation  would 
have  remained  as  feeble  as  before.     Still  less  was  it  possible 
for  congress  to  raise  an  annual  revenue.     The  country  was  in 
arrears  for  the  interest  on  its  funded  debt,  and  in  the  last  two 
years  had  received  not  more  than  half  a  million  dollars  in 
specie  from  all  the  states — a  sum  not  sufficient  for  the  annual 
ordinary  charges  of   the  federal  government.     Pennsylvania 
had  complied  with  the  late  requisitions  almost  with  exactitude ; 
Maryland  and  Virginia  had  furnished  liberal  supplies;  New 
York  exerted  herself,  and  successfully,  by  the  aid  of  her  cus- 
tom-house ;  but  Massachusetts  and  all  the  otlier  New  England 
states  were  in  arrears,  and  the  three  southernmost  states  had 
paid  little  money  since  the  conclusion  of  the  late  war.     Con- 
gress confessed  that  it  could  not  raise  a  revenue  unless  meas- 
ures were  adopted  for  funding  the  foreign  and  domestic  debts, 
and  they  went  back  to  the  system  framed  by  Madison  in  April 
1783;  but  the  success  of  that  measure  depended  on  a  unani- 
mous grant  of  new  power  to  the  general  government.    All  the 
states  except  New  York  had  assented  to  the  principle  of  deriv- 
ing a  federal  revenue  from  imports,  though  the  assenting  acts 
of  a  majority  of  them  still  required  modiiications.     Congress 
saw  fit  to  assume  that  nothing  remained  but  to  obtain  the  con- 
sent of  that  one  state. 

In  March  a  meeting  of  inhabitants  of  the  city  of  New 
York  unanimously  petitioned  the  legislature  to  consent  to  the 
system  which  alone  could  give  energy  to  the  union  or  pros- 
perity to  commerce.  On  the  other  hand,  it  was  contended  that 
the  confederation  and  the  constitution  of  each  state  arc  the 


i    I 


1783-1786.    CONGRESS  CONFESSES  ITS  HELPLESSNESS.      I93 

foundations  wliicli  neither  congress  nor  the  legislatures  of  the 
states  can  alter,  and  on  which  it  is  the  duty  of  botli  to  build- 
that  the  surrender  to  congress  of  an  independent  autliority  tJ 
levy  duties  would  be  the  surrender  of  an  authority  that  inheres 
necessarily  in  the  respective  legislatures  of  each  state ;  that 
deviation  from  the  fundamental  principles  of  the  American 
constitutions  would  be  ruinous,  first,  to  the  liberty  of  the  states 
and  then  to  their  existence  ;  that  congress,  already  holding  in 
one  hand  the  sword,  would  hold  in  the  other  the  purse,  and 
concentrate  m  itself  the  sovereignty  of  the  thirteen  states ;  that 
It  IS  the  division  of  the  great  republic  into  different  republics 
of  a  middling  size  and  confederated  laws  which  save  it  from 
despotism.* 

The  legislature  of  New  York  conformed  to  these  opinions, 
and,  while  on  the  fourth  of  May  it  imposed  the  duty  of  five 
per  cent  it  reserved  to  itself  the  revenue  with  the  sole  right 
of  Its  collection.  Nor  was  it  long  before  Pennsylvania,  wliich 
held  a  large  part  of  the  public  debt,  suspended  its  adhesion  to 
the  revenue  plan  of  congress  unless  it  should  include  supple- 
mentary funds.  In  August,  King  and  Monroe  were  dispatched 
by  congress  to  confer  with  its  legislature.  It  is  on  record  that 
the  speech  of  King  was  adapted  to  insure  applause  even  from 
an  Attic  audience  ;t  but  the  subject  was  referred  to  the  next 
assembly. 

Congress  joined  battle   more  earnestly  with  Now  Yorl- 
Tliey  recommended  the  executive  to  convene  its  legislature 
immediately  for  the  purpose  of  granting  the  impost.     The 
governor  made  reply :  "I  have  not  power  to  convene  the  legis- 
lature except  on  extraordinary  occasions,  and,  as  the  present 
busmcss  has  repeatedly  been  laid  before  them,  and  has  so  re- 
cently  received  their  determination,  it  cannot  come  within 
that  description."     Congress  repeated  its  demand,  and  it  only 
served  to  call  from  Clinton  a  firm  renewal  of  his  refusal.     The 
strife  had  degenerated  into  an  altercation  which  only  estab- 
hshed  before  the  country  that  congress,  though  it  would  not 
call  a  convention  and  could  not  of  itself  frame  fit  amend- 
ments to  the  confederation,  had  not  power  to  raise  an  annual  . 

*  Report  of  the  Austrian  agent,  nertholff,  1  April  1^86.    MS. 
f  Henry  iiiii  to  Washington,  1  October  nse. 


li  i 


r: 


i!)-'      ■' 


r'h 


'.1 


194  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  ch.  tu. 

revenue  for  the  wants  of  the  government  at  home,  or  to  rescue 
the  honor  of  the  nation  from  default  in  payments  of  interest 
on  moneys  borrowed  to  secure  their  independence. 

The  need  of  reform  extended  equally  to  the  relation  of  the 
republic  to  foreign  powers.  Congress  had  no  other  means  of 
fulfilling  its  treaty  obligations  than  through  the  good-will  and 
concurrence  of  every  one  of  the  states ;  though  in  theory  the 
articles  of  confederation  presented  the  United  States  to  all 
other  states  as  one  nation. 

The  difficulty  which  caused  these  perpetual  failures  was  in- 
herent  and  incurable.    Congress  undertook  to  enact  requisi- 
tions, and  then  direct  the  legislatures  of  thirteen  independent 
states  to  pass  laws  to  give  them  effect,  itself  remaining  help- 
less till  they  should  do  so.     A  deliberative  body  ordering  an- 
other independent  dehberative  body  what  laws  to  make  la  an 
anomaly ;  and,  in  the  case  of  congress,  the  hopelessness  of  har- 
mony was  heightened  by  the  immense  extent  of  the  United 
States,  by  the  differences  of  time  when  the  legislatures  of  the 
several  states  convened,  and  by  a  conflict  of  the  interests,  pas- 
sions, hesitancies,  and  wills  of  thirteen  legislatures,  independent 
of  each  other  and  uncontrolled  by  a  common  head.     No  ray 
of  hope  remained  but  from  the  convention  which  Virginia 
had  invited  to  assemble  on  the  first  Monday  in  September  at 
Annapolis. 


a   i    I  m 


i  ¥i;m 


1788. 


VIRGINIA'S  INVITATION  TO  A  OONyENIION. 


CHAPTER  VIII. 

VIEGINrA   INVITES  DEPHTTFa   r.r-   r.,,,^ 

k^EFrEMjJER  178G  TO  May  irsr. 

cepted  the  invitation  of  Vi3n  T  h  .  ^    "^   °^  ^'"'"P*^^  ^°- 
n^        ^-  i-evenue,  retused  its  concurrence     IVpiflm.. 

po^nuao-  genund  convention,  and  commissiono.^"from  New 


lyM 


-' 


196  OX  THE  WAY  TO  A  FEDERAL  CONVENTION.  B.n.;oH.vui. 

Jersey  instructed  by  tlieir  legislature  to  be  content  with  noth- 
ing less  than  a  new  federal  government.  No  state  north  of 
New  York  was  represented,  and  no  one  south  of  Delaware 
save  Virginia.  It  was  a  meeting  of  central  states.  One 
thought  animated  the  assembly.  Dickinson,  a  principal  author 
of  the  articles  of  confederation,  was  unanimously  elected  chair- 
man ;  and,  with  the  same  unanimity,  a  committee  was  raised 
to  prepare  a  report.  Hamilton,  though  not  of  the  committee, 
made  a  draft ;  this  the  convention  employed  two  days  in  con- 
sidering and  amending,  when  the  resulting  form  was  unani- 
mously adopted.  In  clear  and  passionless  language  they  ex- 
pressed their  conviction  that  it  would  advance  the  interests  of 
tlie  union  if  the  states  which  they  re|)resented  would  agree, 
and  use  their  endeavors  to  procure  the  concurrence  of  the 
other  states  to  agree,  "  to  meet  at  Philadelphia  on  the  second 
Monday  of  the  next  May  to  consider  the  situation  of  the 
United  States,  and  devise  such  further  provisions  as  should 
appear  necessary  to  render  the  constitution  of  the  federal  gov- 
ernment adequate  to  the  exigencies  of  the  union ;  and  to  re- 
port to  congress  such  an  act  as,  when  agreed  to  by  them  and 
confii-med  by  the  legislatures  of  every  state,  would  effectually 
provide  for  the  same."  *  The  proposition  was  explicit ;  the 
place  for  meeting  wisely  chosen ;  and  the  time  within  which 
congress  and  the  thirteen  states  must  decide  and  the  conven- 
tion meet  for  its  work  was  limited  to  less  than  eight  months. 

In  a  few  days  the  report,  signed  by  tlie  venerated  name  of 
Dickinson,  was  received  by  congress ;  but  the  delegation  from 
Massachusetts,  led  by  King,  prevented  the  recommendation  of 
the  measure  which  the  deputations  at  Annapolis  had  asked 
for.f  The  governor  of  New  York  was  of  opinion  that  the 
confederation  as  it  stood  was  equal  to  the  purposes  of  the 
union,  or,  with  little  alteration,  could  be  made  so ;  and  that  the 
commissioners  from  New  York  should  have  confined  them- 
selves to  the  purposes  of  their  errand. :{: 

On  the  tenth  of  October  Euf us  King  appeared  before  the 
house  of  representatives  of  Massachusetts,  and,  in  the  presence 
of  an  audience  which  crowded  the  galleries,  insisted  that  the 


*  Elliot,  i.,  117-120. 


f  Carrington  to  Madison,  18  December  1*786. 
X  Ilamilton,  vi.,  606. 


.  .  ! 


ireo. 


VIRGINIA'S  raVITATION  TO  A  OONVENTION. 


19T 
confederation  waa  the  act  of  the  people;  that  no  part  could 

tion  of  all  the  severa  legislatures ;  if  the  work  should  be  d^ne 
by  a  convention,  no  legislature  could  have  a  right  to  confi™ 
It;  co.^ess,  and  congress  only,  was  the  propef  bodyTp™ 

fo™t„  mTv  "^  ?""'■  .  ^'"=  ^"""^  "^  ■■V'-ose.itatives  co^ 
forming  to  this  adv.ee,  refused  to  adopt  the  suggestions  that 

bXe  Zt™"""' '  T"  ""^^  ™  "' '  '<*  ^^  another  Ltn 

From  this  state  of  despair  the  country  was  lifted  bv  Madi 
on  and  Virginia.    The  recommendation  of  a  p   loLtfary 
r;™'"";™  "«"  -°-ved  by  the  assembly  o'vS 

Sonri  I"?  1  """^"^.^  ^'"''^  '"  "O-ni^tration  and  n 
reform  the  rapid  advances  of  the  confederation  toward  ruin 
at  length  proselyted  the  most  obstinate  adversaries  toToom' 
^al  renovation.  On  the  motion  of  Madison,Te  L  emWy' 
showing  the  revolution  of  sentiment  which  the  experience  of 
one  year  had  effected,  gave  its  unanimous  sanction  to  the  rom 

hLtorv  of  LT  f       l-^J-ood  »»y  event  in  its  annals,  or  in  the 

pmdentlr  1°77  .'r''"°-    ^^'""'"  '-d  ''<"=°  «alm  and 
prudent  and  indefatigable,  always  acting  with  moderation  and 

always  persistent  of  purpose.     Tlie  hour  was  eome  forCk 

and  bold  words  and  decisive  action.    Madison,  giTng  irto 

shalling  all  the  states,  recorded  the  motives  to  the  action  of  his 
own  commonwealth  in  these  words : 

"The  commissioners  who  assembled  at  Annonolis  on  tb„ 
fourteenth  day  of  September  last,  for  the  purpos^o  fdevis  „  ' 

lectually  for  the  commercial  interests  of  the  United  States 
have  represented  the  necessity  of  extending  the  revi  on  of  the 
SSrl.!:  ^'  "^  'f"'-'  ""^  i-" e-ommende:  t  a 

toes  to  mL  •  ''"'■'"''  ''''  "PP™""'^  ""y  *'"'  "o™'-"!  kgWa. 
tnres,  to  meet  m  convention  in  the  city  of  Pbiladelphia  on  the 

•  Crringlon  ,„  M.di,„„,  ,s  Dcoombor  im.  f  U«-lta,  1.,  259. 


11 


'.  ( 


|6    '■■ 


I'     1     ' 


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I  i 


J   1 

1 

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'                  .!! 

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1,1 

r 

'     'f 

1 

if> 

1              '. 

i 

1 

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I 

'-1 

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r 

1  ■ 

WL. 

:  lit 

I 

198  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  n.  ii. ;  on.  viii. 

second  day  of  May  next— a  provision  preferable  to  a  discussion 
of  the  subject  in  congress,  where  it  might  be  too  much  inter- 
rupted by  ordinai-y  business,  and  where  it  would,  besides,  be  de- 
prived of  the  counsels  of  individuals  who  are  restrained  from  a 
seat  in  that  assembly.     The  general  assembly  of  this  common- 
wealth, taking  into  view  the  situation  of  the  confederacy,  as 
well  aa  reflecting  on  the  alarming  representations  made  from 
time  to  time  by  the  United  States  in  congress,  particularly  in 
their  act  of  the  fifteenth  day  of  February  last,  can  no  longer 
doubt  that  the  crisis  is  arrived  at  which  the  people  of  America 
are  to  decide  the  solemn  question  whether  they  will,  by  wise  and 
magnanimous  efforts,  reap  the  fruits  of  independence  and  of 
union,  or  whether,  by  giving  way  to  unmanly  jealousies  and 
prejudices,  or  to  partial  and  transitory  interests,  they  will  re- 
nounce the  blessings  prepared  for  them  by  tlie  revolution.   The 
same  noble  and  extended  policy,  and  the  same  fraternal  and  af- 
fectionate sentiments  which  originally  determined  the  citizens 
of  this  commonwealth  to  unite  with  their  brethren  of  the  other 
states  in  establishing  a  federal  government,  cannot  but  be  felt 
with  equal  force  now  as  motives  to  lay  aside  every  inferior 
consideration,  and  to  concur  in  such  further  concessions  and 
provisions  as  may  be  necessary  to  secure  the  objects  for  which 
that  government  was  instituted,  and  render  the  United  States 
as  happy  in  peace  as  they  have  been  glorious  in  war." 

Such  is  the  preamble  adopted  without  a  dissenting  voice 
by  the  general  assembly  of  the  commonwealth  of  Virginia,  as 
they  acceded  to  the  proposal  from  Annapolis  with  this  one 
variation,  that  the  new  federal  constitution,  after  it  should  be 
agreed  to  by  congress,  was  to  be  established,  not  by  the  legis- 
latures of  the  states,  but  by  the  states  .^hemselves,  thus  opening 
the  way  for  special  conventions  of  the  several  states 

In  selecting  her  own  delegates,  Virginia  placed  Washing- 
ton at  their  head,  surrounded  by  Madison,  Kandolph,  and  Ma- 
son. Randolph,  the  newly  elected  governor  of  the  state, 
adopting  words  of  Washington,  sent  the  act  of  his  state  to 
congress,  and  to  the  executive  of  each  one  of  the  states  in  the 
union,  asldng  their  concurrence. 

Hardly  had  the  tardy  post  of  that  day  brought  the  glad- 
dening news  to  New  Jersey,  when  that  state,  first  of  the 


1788-1787.  VIRQINU'S  INVITATION  TO  A  CONVENTION.    199 

ewfof  Vi*'  ?"™'y-"'''-'»  of  N»™™l'«'f,  took  ita  place  at  the 
«de  of  V.  g,ma.    Pennsylvania  did  not  let  the  year  go  by 

mr  alj  dT  *^"'-     North  Carolina  acceded  in  Jam,a^ 
1787  and  Delaware  in  February  of  the  following  year. 

The  solemn  words  of  Virginia,  the  cample  of  the  three 
central  states  the  inspiring  influence  of  HanUl.on,  thTreiZ 
to  congress  of  Madison  who  was  preparing  himself  for  Z 
convention  and  professed  great  e^^ecLio^  of  good  effects 
from  the  measure,  caused  the  scaL  to  fall  irL  The  eye^ 
ot  Kmg.  The  year  was  but  bik  weeks  old  when  he  wrote 
to  Gerry,  who  had  thus  far  been  his  ally:  "Althougrmv 
sentiments  are  the  same  as  to  the  legality  of  the  m!17 

pr  tt    "e  "T  "1  *"  °P1'°=^>  •'"t  to 'coincide  wTZ 
pioject.    Events  are  hurrying  us  to  a  crisis.     Prudent  and 
sagacious  men  should  be  ready  to  seize  the  most  favorable 
:~-"  '"  "''™'  "  """  ^''''''  "«»  vigorous  go!: 
A  grand  committee  of  the  seventh  congress  reported  in 
i^ruary,  by  a  bare  majority  of  one,  that,  "entirely  coinc  ding 
with  the  proceedings  of  the  commissioners,  they  did  stronSf 
recommend  to  the  different  legislatures  to  Ln/iZ^Ztl 
gates  to  the  proposed  convention  at  Philadelphia;" but  they 
never  ventm-ed  to  ask  for  a  vote  upon  their  re^rt.    MeLtaT 
the  legislature  of  New  York,  in  an  instruction  to  theTr  S 
gates  m  congress,  taking  no  notice  of  the  meeting  at  AnnUl 

Itself.  The  proposition,  as  brought  forward  by  the  New  York 
deegates,  named  no  phce  or  time  for  the  convention/and  knTw 
noting  of  any  acts  which  had  not  proceeded  from  conX 
It  fmled  by  a  large  majority.  King  of  Massachusetts,  sefw 
the  opportunity  to  reconcile  his  present  coalition  with  MaZf 
;md  Hamilton  with  his  old  opinion  that  cengresT  a  one  could 
initiate  areform  of  the  constitution,  substituted  a  mot.rwS 
carefully  ignored  the  act  of  the  meeting  at  Aunapohs    and 

b'Tdrttf  •''  r™"'r  r  "■'  -%-">  »-ure  oTct^;' 

but  iden  ical  m  time  and  place  with  the  appointment  of  the 
as  not  to  invalidate  elections  aheady  made,  was  accepted  without 

•Austin'sGorr^.u.,  8.4,  7,nn<18. 


mI' 


wm.    ■ 


!     * 


I    ; 


:• 


!    ■!•, 


200  ON  THE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii. 


on.  VIII. 


opposition.*    In  this  way  tlie  sclf-lovo  of  congress  was  appeased, 
and  its  authority  arrayed  in  favor  of  a  general  convention. 

All  parties  in  the  legislature  of  New  York  then  took  up 
the  subject  of  representation  in  the  convention.  Yates,  in  the 
senate,  i)roposed  tliat  "  the  new  provisions  in  the  articles  of 
confederation  should  not  be  repugnant  to  or  inconsistent  with 
the  constitution  of  the  state."  The  motion  was  rejected  by  the 
casthig  vote  of  the  president.  The  house  would  have  appointed 
five  delegates  to  the  convention,  but  the  inflexible  senate  lim- 
ited the  number  to  three,  and  named  Yates,  Lansing,  and  Ham- 
ilton, who  were  elected  in  both  branches  without  opposition. 

In  1786,  the  sufferings  of  the  debtors  in  Massachusetts,  es- 
pecially in  its  central  and  western  counties,  embittered  by  the 
devices  of  attorneys  to  increase  their  own  emoluments,  and  ag- 
grieved by  the  barbarous  laws  of  that  day  which  doomed  the 
debtor,  however  innocent,  to  imprisonment  at  the  caprice  of  his 
creditor,  had  driven  them  to  interrupt  the  courts  in  Worces- 
ter.   In  the  three  western  counties  measures  were  taken  to 
close  the  courts ;  and  once,  for  a  moment,  the  national  armory 
at  Springfield  was  menaced.     The  movement  assumed  the  as- 
pect of  an  insurrection,  almost  of  a  rebellion,  which  received 
support  even  from  husbandmen  otherwise  firm  supporters  of 
the  law.     The  measures  of  Bowdoin,  in  which  he  was  through- 
out supported  by  Samuel  Adams,  were  marked  by  decision, 
celerity,  and  lenity.     The  real  cause  of  the  distress  was,  in  part,' 
the  failure  of  the  state  of  Massachusetts  itself  to  meet  its  obli- 
gations ;  and,  still  more,  the  bankruptcy  of  the  general  govern- 
ment, which  owed  large  sums  of  money  to  inhabitants  of  almost 
every  town  for  service  in  achieving  the  independence  of  their 
country.     AVherever  the  insurgents  gathered  in  numbers,  Bow- 
doin sent  a  larger  force  than  they  could  muster.     In  this  way 
he  gave  authority  to  every  branch  of  the  government  and  peace 
to  every  town.     He  maintained  the  majesty  of  the  law  by  open- 
ing the  courts  for  the  conviction  of  the  worst  offenders ;  but, 
interposing  with  his  prerogative  of  mercy,  he  did  not  suffer  the 
life  of  any  one  of  them  to  be  taken.    For  the  restoration  of 
the  public  and  private  finances,  he  called  together  the  legisla- 
ture of  the  commonwealth,  which  applauded  his  conduct,  and 

•  Journals,  iv.,  -723,  T24.     Gilpin^  587,  688,  619,  620.     Elliot,  v.,  96.  iOo. 


1787. 


VIIIGINIA'S  INVITATION  TO  A  CONVENTION. 


201 
chosen,  the  r^oorn^neMtZ^^^^J^tZZ'^fr,  ""' 

strengthening  the  naZr/  „1  '"'"''f'  "'  ^™'''  ""=  ^"'y  »f 
honorTor  they  would  r.rw,  """^  r'"'™^  «'o  national 
entatiin  that  ^^  Wh  lt£  S™ .'"  T "'  '""  """• 
parted."     "  Gentlemon  »  tl  i     i  ^''''"  ^"'^"'^  ^^^  ^e- 

preacLing,«ireavr  ?"^^  to.vhomhe  wds 

ica  in  thp  ^.:^      T  "^''^^'^  and  patriotism  of  Ainer- 

legislature,  recommended  a  superintending  power  thMsho.M 
eeure  peaee  and  justice  between  thestatesra^d  be  *  1  j^"^^ 
^ates  and  ore,gu  nations.    "  I  am,"  ho  said,  "  an  aS  o 
an  efficient  general  government,  and  for  a  revenue  adenunto 
o  Its  nature  and  its  exigencies.    Should  the  imp  sts  bfetS 
to  excess,  it  will  promote  the  growth  of  manufn,.*,,!! 
yourselves  of  the  articles  affeetfd  by  Ve  „,„;;;  ZiZuf 
.ncrease  our  wealth  and  independence.     Manufalt  T2 
than  any  other  employment  will  increase  our  numbers  in  wS 
consists  the  strength  and  glory  of  a  people."  »    The  a^emWv 
then  chose  to  the  convention  three  men  who  were  all  clSv 
united,  and  so  able  that  scarce  any  delegation  sLd  bS 

Maryland,  rent  by  a  faction  eager  for  the  ■«„„  ^f  „„ 
money    did  not  elect  delegates  till  neir  1 "    d       Zy' 

lZl'7^r'  '™;?,  *'"  P"™^'^  of  ''-  treasuiy,  del^Td 
Its  choice  till  June.    Rhode  Island  alone,  under  the  swav  of  a 

*  Carey's  Museum,  ii.,  396. 


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202  ON  TIJE  WAY  TO  A  FEDERAL  CONVENTION,  b.ii.;  on.ym. 


t  I 


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11' 


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i  rin 


Tiio  people  of  tho  United  States  watched  the  result  of  the 
convention  with  trembling  hope.  "Shall  wo  have  a  king?" 
asked  Jay,  and  himself  answered  :  "  Not,  in  my  opinion,  while 
other  expedients  remain  untried."  *  It  was  foreseen  that  a  fail- 
ure would  bo  followed  by  the  establishment  of  three  separate 
confoderacios.f  Tho  ministry  of  England  harbored  the  thought 
of  a  constitutional  monarchy,  with  a  son  of  George  III.  as 
king ;  and  they  were  not  without  alarm  lest  gratitude  to  Franco 
should  place  on  an  American  throne  a  prince  of  the  house  of 
Bourbon.  | 

The  task  of  preparing  the  outlines  of  a  constitution  as  the 
basis  for  the  deliberations  of  the  convention  Wiia  undertaken 
by  Madison.     His  experience  and  his  studies  fitted  him  for 
the  office.     He  had  been  a  member  of  the  convention  which 
formed  the  first  constitution  for  Virginia ;  of  its  first  legisla- 
ture as  a  state ;  of  its  executive  council  when  Patrick  Henry 
and  Jefferson  were  governors;  for  three  years  a  delegate  in 
congress ;  then  a  member  of  the  Virginia  legislature ;  a  com- 
missioner at  Annapolis ;  and,  so  soon  as  the  rule  of  rotation 
permitted,  once  more  a  member  of  congress.     From  the  dec- 
laration of  independence  he  had  devoted  himself  to  the  study 
of  republican  and  of  federal  government.     On  the  failure  at 
Annapolis,  Jefferson  cheered  him  on  to  a  broader  reformation : 
to  make  the  states  one  nation  as  to  foreign  concerns,  and  keep 
them  distinct  in  domestic  ones ;  to  organize  "  the  federal  head 
into  legislative,  executive,  and  judiciary ; "  to  control  the  in- 
terference of  states  in  general  affairs  by  an  appeal  to  a  federal 
court.     "With  Edmund  Randolph,  Madison  insisted  that  from 
him,  as  governor  of  Vu-ginia,  the  convention  would  expect 
some  leading  proposition,  and  dwelt  on  the  necessity  of  his 
bending  his  thoughts  seriously  to  the  great  work  of  prepara- 
tion ;  but  Randolph  declined,  pleading  his  want  of  the  neces- 
sary leisure.     Madison  proceeded  without  dismay.     He  held 
as  a  fixed  principle  that  the  new  system  should  be  ratified  by 
the  people  of  the  several  states,  so  that  it  might  be  clearly 
paramount  to  their  individual  legislative  authority.    He  would 
make  no  material  sacrifices  to  local  or  transient  prejudices.    To 


t  Madison,  i.,  280. 


*  Sparka,  ix.,  611. 

J  Temple,  infra  ;  Adams,  viii ,  420. 


1787.      VIRGINIA'S  INVITATION  TO  A  CONVENTION.       203 

hi.n  the  indepcndcnco  of  oach  soparato  stato  was  utterly  irro- 
conci  able  with  the  idea  of  an  aggregate  sovereignty,  while  a 
consohdation  of  the  states  into  one  simple  republic  was  neither 
expedient  nor  attainable.^  In  the  endeavor  to  reconcile  the 
duo  supremacy  of  the  nation  witli  the  preservation  of  the  local 
authorities  in  their  subordinate  usefulness,  he  did  not  escape 
mistakes ;  but  lie  saw  clearly  that  a  widely  extended  territory 
was  the  true  domain  for  a  republic,  and  in  advance  of  the  fed- 
eral convention  lie  sketched  for  his  own  usef  and  that  of  his 
friends, :}:  and  ultimately  of  the  convention,  a  thoroughly  com- 
prehensive constitutional  government  for  the  union 

Washington  at  Mount  Vernon  was  equally  studious.  lie 
made  himself  familiar  with  the  reasonings  of  Montesquieu ; 
and  he  obtained  the  opinions,  not  of  Madison  only,  but  of 
Knox  and  of  Jay.  From  their  letters  and  his  own  experience 
lie  drew  three  separate  outlines  of  a  new  constitution,  differing 
m  manifold  ways,  and  yet  each  of  the  three  designed  to  restore 
and  consolidate  the  union.* 

*  Madison,  i.,  287.  +  Notes  on  the  confederacy,  Madison,  i.,  320-328 

J  Madison  to  Jeflfcrson,  19  March  1787,  Madison,  i.,  284 ;  to  PoindolDh  Giloin. 
C31  ;  Elliot,  107 ;  to  Washington,  Sparks,  ix.,  516. 

*  North  American  Rericw,  xxv.,  2C3. 

VOL.  VI.— 15 


:?.     .J    M:i 


«  I 


I  ;■  I 


!{'< 


!     4 


I. 

I: 

■'■1 

•     i 

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I: 

( 

1 

h 

THE 


FORMATION  OF  THE  CONSTITUTIOIf 


OF  THE 


u:n'ited  states  of  America. 


IN  FIVE  BOOKS. 

BOOK  THIRD. 
THE  FEDERAL  CONVENTION". 
May-Septembee  1787. 


:'( ihri 


ull 


9  ':|l 


KM 


CHAPTER  I. 

THE   CX)N8TITUTI0N   IN   OUTLINE. 

14  May  to  13  June  1787. 
Do  nations  float  darkling  down  the  stream  of  the  ac^es  with- 

n-F  i-r,f«iT  J  ,     ariitmg^  or,  is  there  a  superior  power 

From  the  ocean  to  the  American  outposts  nearest  the  Mi^ 
s.8s,pp,,  one  desire  prevailed  for  a  closer  connection,  one  beUrf 
hat  the  only  opportunity  for  its  creation  wa.  come. '  Men  wt 
from  their  greater  attachment  to  the  states,  feared  its  hmrf^' 
neither  coveted  nor  accepted  an  election  to  the  conventfon  ^ 
m  nneasy  watehftilness  awaited  the  course  of  events.    Willie 

Hugh  Wilhamson,  who  had  voted  with  Jeffcmn  for  Lludin^ 

nTSctr^  n  ''™  T  ""•    ^"'"""^  ^^"y-  T"^"--  Net": 
Randall  M  "^  ^  '^*"""«  *"  •>*>  "^''Vtes,  Edmnnd 

Randolph,  then  governor  of  Virginia  and  himself  a  delegate 
to  the  convention,  named  to  one  vacancy  .Tames  McClurff  a 

hTd  ™T         ""*'""''  1  "^""^^  ""^  ^^"'^  whom  SZn 
had  urged  npon  congress  for  the  office  of  secretary  of  foreign 

ItssedT  f  "^  ^  "«?'""'  ""'™-  ^'^O"""'  P»^i»™  were 
repressed  by  the  solemnity  of  the  moment;  and,  as  the  states- 

w^aTi  in Tl  „"";?  ",™"'  <"'"««'>■«''»,  veterans  in  the 
on  hlr  w  f-  o^'^S'^'--"'™'  i»>'™«y^d  for  the  most  part 
on  horseback  to  their  place  of  meetinff.  the  hi„h.,-w,„„i,t  i,il„. 
of  the  nation  went  along  with  them:    Nor'did 'th^'desm; 


!*'■, 


•hi\ 


u 


'i  I:  ' 


m 

II'!!!  li 


;,!■.  I 


k\i 


i  M 


208  THE  FEDERAL  CONVENTION.  b.  m. ;  cB. ,. 

the  interest  of  the  people  of  the  United  States  alone;  they 
felt  the  ennobling  love  for  their  fellow-men,  and  knew  theuf. 
selves  to  be  forerunners  of  refonn  for  the  civilized  world 

Cxeorge  Washington  was  met  at  Chester  by  public  honors 
From  the  8chuyl lull  the  city  light  horse  esc'orL  him  into 
Philadelphia,  the  bells  chiming  all  the  while.    His  first  act 
was  to  wait  upon  Franklin,  the  president  of  Pennsylvania. 
^      On  the  fourteenth  of  May,  at  the  hour  appointed  for  open- 
ing the  federal  convention,  Virginia  and  Pennsylvania,  the 
only  states  which  were  sufficiently  represented,  repdred  t;  the 
state-house,  and,  with  others  as  they  gathered  in,  continued  to 
do  so,  adjourning  from  day  to  day.     Of  deputies,  the  creden- 
tials of  Connecticut  and  Maryland  required  but  ine  to  repre- 
sent  the  sate;  of  New  York,  South  Carolina,  and  Gec^^a, 
^o;  of  Massachusetts,  Kew  Jersey,  Delaware,  Virginia,  and 

t^n?i;i?'^  "';  '^r  '  ''  P-"«^l---'  four.  'The  dela;  ™ 

tunied  to  the  best  account  by  James  Madison  of  Virginia. 

From  the  conipletion  of  the  Virginia  delegation  by  the  afrival 

of  George  Mason,  who  came  with  unselfish  zeal  to  do  his  part 

n  fulfilling  "  the  expectations  and  hopes  of  all  the  union  » 

hey  not  only  attended  the  general  session,  but  "conferred 

together  by  themselves  two  or  three  hours  every  day  in  order 

to  form  a  proper  correspondence  of  sentiments."  *     As  their 

state  had  initiated  the  convention,  they  held  it  their  duty  at 

its  opening  to  propose  a  finished  plan  for  consideration. 

The  choice  lay  between  an  amended  confederacy  and  "  the 
new  constitution  "  f  for  which  Washington  four  years  before 
had  pleaded  with  the  people  of  every  state.  "My  wish  is" 
so  he  had  Avritten  to  Madison,  "tliat  the  convention  may  adopt 
no  temponzing  expedients,  but  probe  the  defects  of  the  con- 
stitution to  the  bottom  and  provide  a  radical  cure,  whether 
agreed  to  or  not.  A  conduct  of  this  kind  will  stamp  wisdom 
and  dignity  on  their  proceedings,  and  hold  up  a  li^ht  which 
sooner  or  later  will  have  its  influence."  ^ 

We  know  from  Randolph  himself  that  before  departing 
for  the  convention  he  was  disposed  to  do  no  more  than  amend 

*  Georgo  Mason  to  his  son,  Philadclphi.i,  20  May  1787 

t  Washington  to  Lafayette,  5  April  1783.    Sparlis,  vii'i    412 

t  Sparks,  ix,,  250,  31  Marcli  1787.  "' 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


209 

tho  confederation;  and  his  decision  wa.  likely  to  have  great 
weight  m  the  councils  of  his  own  commonwealth.     When  his 
royalist  father  attorney-general  of  Virginia,  took  refuge  with 
the  English  the  son  cleaved  to  his  native  land.    At  his  own 
request  and  the  solicitation  of  Eichard  Heniy  Lee,  Washington 
received  him  as  an  aid  during  tlie  siege  of  Boston.     In  1776 
he  took  a  part  in  the  convention  for  forming  the  constitution 
ot  Virginia;  and  the  convention  rewarded  his  patriotism  by 
electmg  him  at  twenty-three  years  of  age  attorney-general  of 
Virginia  in  the  place  of  his  father.     In  1779  he  preceded 
Madison  by  a  year  as  a  delegate  to  congress.    In  the  effort 
for  the  reform  of  the  confederation,  he,  with  Ellsworth  of 
Connecticut  and  Yarnum  of  Eliode  Island  for  his  associates, 
^va.  the  chairman  of  the  committee  appointed  to  report  on  the 
defects  of  the  confederacy  and  the  new  powers  necessary  for 
Its  efficiency     In  1786  he  was  elected  governor  of  Virginia- 
and  now  m  his  thirty-fourth  year  he  was  sent  to  the  convTn: 
tion,  bringing  with  him  a  reputation  for  ability  equal  to  his 
high  position,  and  in  the  race  for  public  honors  Iking  the 
cad  of  James  Monroe.     But  with  all  his  merit  there  L  a 
^rain  of  weakness  m  his  character,  so  that  he  was  like  a  soft 
metal  which  needs  to  be  held  in  place  by  coils  of  a  harder 
gram  than  its  own.     That  support  he  found  in  Madison,  who 
Id  urged  him  to  act  a  foremost  part  in  the  convention,  and 
had  laid  before  him  the  principles  on  which  the  new  go;em- 
ment  should  be  organized ;  and  in  Washington,  who  was  un- 
ceasing m  his  momtions  and  encouragement.     Randolph   on 

nd  wm  .r  ™^^^^P^"^'  ^'  --  yielded  to  their  influe'nc" 
and  with  them  became  persuaded  that  the  confederacy  wai 
de  ituto  of  every  energy  which  a  constitution  of  the  United 
States  ought  to  possess.* 

A  ^Z  T^^  '^''  ^''^''"^  '"'""^  *^^  ^i^gi"^^  delegates. 
LmZ/niVi  7     government,   which  imbodied  the 

thoughts  of  Madison,  altered  and  amended  by  their  joint  con- 
s,^tations,  was  agreed  to  by  them  all.     To  Randolph,  as  the 

tlfe'l^'^Tr.^^^'  1  '^''  '''''^  ™  mianimonsly  ^signed 
kLf  /  \""S-^  forward  the  outline  which  was  Tbe 
kno^m  as  the  plan  of  Virginia.     This  forethought  provided  in 

*  nandolph  to  Spcakor,  10  October  ll8l. 


•     .'i 


n  I 


ji 


210 


THE  FEDERAL  CONVENTION. 


,f;    :• 


n.  III. ;  on.  I. 

season  a  chart  for  the  voyage,  so  that  the  ship,  skilfully  bal- 
asted  and  tnmmed  from  the  beginning,   could  be  steered 
through  perilous  channels  to  the  wished-for  haven 

A  government  founded  directly  on  the  people  seemed  to 
ustifyand  require  a  distribution  of  suffrage  in  the  national 
^gislature  accordmg  to  some  equitable  ratio.     Gouvemeur 
Morris  and  other  members  from  Pennsylvania  in  conversation 
urged  the  large  states  to  unite  from  the  first  in  refusing,  to  the 
smaller  states  in  the  federal  conventi..  ih^  equal  vote  which 
they  enjoyed  m  the  congress  of  the  conf  -  c'  .racy ;  but  the  Vir- 
gimans,  while  as  the  largest  state  in  extent  and  in  numbers 
hey  claimed  a  proportioned  legislative  suffrage  as  an  essential 
right  which  must  be  asserted  and  allowed,  stifled  the  project 
being  of  the  opinion  that  the  small  states  would  be  more  will- 
nig  to  renounce  this  unequal  privilege  in  return  for  an  efficient 
government,  than  to  disarm  themselves  before  the  battle  with- 
out an  equivalent.* 

On  the  seventeenth.  South  Carolina  appeared  on  the  floor- 
on  the  eighteenth,  New  York  ;  on  the  twenty- first,  Delaware ' 

were  for  half-way  measures  from  fear  of  displeasing  the  people  • 
others  were  anxious  and  doubting.  Just  before  there  were 
enough  to  form  a  quorum,  Washington,  standing  self-collected 
n  the  midst  of  them,  his  countenance  more  than  usually  solemn 
his  eye  seeming  to  look  into  futurity,  said  :  "  It  is  too  probable 
that  no  plan  we  propose  .v^U  be  adopted.    Peri.aps  another 

wToff  Tf''  "  ''  '^  ""*''^^"^^-  I^'  '^  r^--  the  people 
lefen^ro  TrT^^''  ^^^^PP^ove,  how  can  we  afterward 

defend  our  work  ?  Let  us  raise  a  standard  to  which  the  wise 
and  tlie  honest  can  repair;  the  event  is  in  the  hand  of  God  »  f 
needed  ^T^^^^f  *^^'  ^'^  ^^^^^ '  completing  the  seven  states 
Hotl  7"'^  "}T"'  J""  ^^Pre««"ted  by  William  Churchill 
Houston,  who  had  been  detained  by  illness,  and  was  too  weak 

the  North,  three;   from  the  South,  nineteen  members,  from 

*  Madison  Papers,  edited  by  Gilpin,  726.    Stereotyped  reprint  of  Elliot  1 25 

no  pp  T;  21  7"  ""■■': "p"'^ '''  "^^'"^  ^'  ^-^^"«"*-.  ^^  I'e-  - 

wha'hTwtnc    ed  "'"  ^''  n«7.  present  in  Philaaclplna.  and  relate. 


1787. 


THE  CONSTITUTION  IN  OITTI.INE. 


21] 

I!]"/"'^'^"",''-  ^'  *'"  ''''''*  "^  ^""J"™'"  Franklin  of  Ponn- 
sylraina  Washington  was  unanimously  elected  president  of  tL 

clelegatcs  fiom  Delaware  were  prohibited  from  changinR  the 
article  m  the  confederation  estabhshing  the  equality  of  vote^ 
among  the  states.*  '■       '         "'^ 

_   On  the  twenty-eighth,  the  representation  was  increased  to 
nine  states  by  the  arrival  of  Massachusetts  and  Maryland     A 

hemTohn"^        ""tT  "i^''--"'™-.  Rl'odo  Maiid,  amon^ 
them  Jol  n  Brown,  Jabez  Bowen,  Welcome  Arnold,  and  Wif- 
ham  Barton,  ^plaining  why  their  state  would  send  no  dele- 
gaies  to  the  convention,  and  hopcfnlly  pledging  their  best  ex 
ertions  to  effect  the  ratification  of  its  proceediiiglt    The  et  er" 

ELflT  ,     ""'  '""'•"*''  ">'  ^''"°"»'  »  ."omber  fr  m 
Itliode  Island  in  congress. 

The  delegates  from  Maryland,  ehosen  at  a  time  when  the 
best  men  of  the  state  were  absorbed  in  a  domestic  strugl 
agamst  new  issues  of  paper  money,  and  its  senate  by  its  stub- 
born resistance  was  estranged  from  the  house,  did  not  ade- 
quately represent  its  public  spirit ;  yet  the  majority  of  them  to 
the  last  promoted  the  national  union.     Of  the  fifty  five  in  the 
convention,  nine  were  gi-aduates  of  Princeton,  four  of  Yale 
three  of  Harvard,  tM-o  of  Columbia,  one  of  Pennsylvania  •  five' 
SIX,  or  seven  had  been  connected  with  William  and  Marv's' 
Scotland  sent  one  of  her  sons,  a  jurist,  who  had  been  taught  at 
three  of  her  universities,  and  Glasgow  had  assisted  to  train 
another;  one  had  been  a  student  in  Christ  Church,  Oxford 
and  he  and  three  others  had  been  students  of  law  in  the  Tern' 
pie.  ^  To  many  in  the  assembly  the  work  of  the  great  French 
magistrate  on  the  -Spirit  of  Laws,"  of  which  Washington 
with  his  own  hand  had  copied  an  abstract  by  Madison,  was'the 
favorite  manual ;  some  of  them  had  made  an  analysis  of  all 
federal  governments  in  ancient  and  modern  times,  and  a  few 
were  well  versed  in  tlic  best  English,  Swis..,  and  Dutch  writers 
on  goveniment.     They  had  immediately  before  them  the  ex- 
ample of  Great  Britain ;  and  they  had  a  still  better  school  of 
political  wisdom  in  the  republican  constitutions  of  their  several 

*  Gilpin,  "723  ;  Elliot,  124. 

t  Gilpin,  727;  Elliot,  125,  and  Appendix  No.  1. 


im 


•;  'X- 


H 


M  '  I' 


iJ' 


i  I 


;!f 


212  .    THE  FEDERAL  CONVENTION.  n.  ni. ;  en.  i. 

states  wliicli  many  of  them  liad  assisted  to  frame.  Alto-ether 
they  formed  "  the  goodliest  fellowship  of"  lawgivers  "  whereof 
this  worl.1  holds  record."  In  their  standing  rules  they  unani- 
niously  forbade  any  registry  to  be  made  of  the  votes  of  indi- 
viduals so  that  they  might,  without  reproach  or  observation, 
mutually  receive  and  impart  instruction  ;  and  thev  sat  with 
closed  doors,  lest  the  publication  of  their  debates  sl^ould  rouse 
the  country  to  obstinate  conflicts  before  they  themselves  should 
liave  reached  their  conclusions. 

On  the  twenty-ninth,  Edmund  Randolph,  the  governor  of 
Virgima,  opened  the  business  of  the  convention  in  this  wise: 
To  prevent  the  fulfilment  of  the  prophecies  of  the  downfall 
of  the  United  States,  it  is  our  duty  to  inquire  into  the  defects 
o±  the  confederation  and  the  requisite  properties  of  the  -overn- 
ment  nowto  be  framed;  the  danger  of  the  situationlmd  its 
remedy. 

"  The  confederation  was  made  in  the  infancy  of  the  science 
of  constitutions,  when  the  inefficiency  of  requisitions  was  un- 
known ;  when  no  commercial  discord  had  arisen  among  states ; 
when  no  rebellion  like  that  in  Massachusetts  had  broken  out  • 
when  foreign  debts  were  not  urgent ;  when  the  havoc  of  pape^ 
money  had  not  been  foreseen ;  when  treaties  had  not  been  vio. 
lated;  and  when  nothing  better  could  have  been  conceded  by 
states  jc^ilons  of  their  sovereignty.     But  it  offered  no  security 
against  foreign  invasion,  for  congress  could  neither  prevent  nor 
conduct  a  war,  nor  punish  infractions  of  treaties  or  of  the  law 
of  nations,  nor  control  particular  states  from  provoking  war. 
Ihe  federal  government  has  no  constitutional  power  to  check 
a  quarrel  between  separate  states ;  nor  to  suppress  a  rebellion 
in  any  one  of  them ;  nor  to  establish  a  productive  impost ;  nor 
o  counteract  the  commercial  regulations  of  other  nations ;  nor 
to  defend  itself  against  encroachments  of  the  states.     From  the 
manner  in  which  it  has  been  ratified  in  many  of  the  states,  it 
caniio   be  claimed  to  be  paramount  to  the  state  constitutions  ; 
so  that  there  is  a  prospect  of  anarchy  from  the  inherent  laxity 
of  he  government.     As  the  remedy,  the  government  to  be  es- 
tablished must  have  for  its  basis  the  republican  principle  " 

lie  then  proposed  fifteen  resolutions,  which  he  explained 
one  by  one.  ^ 


1787.  THE  CONSTITUTION  IN  OUTLINE.  213 

«  Th(  articles  of  confcdoration  ought  to  bo  so  corrected  and 
enlarged  as  to  accomplish  the  objects  proposed  by  their  insti- 
tution ;  namely,  'common  defence,  security  of  liberty,  and 
general  welfare.'  jj  ""u 

*'  The  rights  of  suffrage  in  the  national  legislature  ought  to 
bo  proportioned  to  the  quotas  of  contribution,  or  to  the  num- 
ber of  free  inhabitants. 

"The  national  legislature  ought  to  consist  of  two  branches, 
of  which  he  members  of  the  first  or  democratic  house  ought 
to  be  elected  by  the  people  of  the  several  states;  of  the  sec- 
ond, by  those  of  the  first,  out  of  persons  nominated  by  the  indi- 
vidual legislatures.  '' 

"  The  national  legislature,  of  which  eacli  branch  ought  to 
possess  the  right  of  originating  acts,  ought  to  enjoy  the  legis- 
lative rights  vested  in  congress  by  the  confederation,  and 
moreover  to  legislate  in  all  cases  to  which  the  separate  states  are 
incompetent,  or  in  which  the  harmony  of  the  United  States 
might  be  interrupted  by  the  exercise  of  individual  legislation  • 
to  negative  all  laws  passed  by  the  several  states  contravening 
the  articles  of  union ;  and  to  call  forth  the  force  of  the  unioS 
against  any  member  of  the  union  failing  to  fulfil  its  duty  under 
tlie  articles  thereof. 

"A  national  executive,  chosen  by  the  national  legislature 
and  ineligible  a  second  time,  ought  to  enjoy  the  executive 
rights  vested  in  congress  by  the  confederation,  and  a  general 
authority  to  execute  the  national  laws. 

^  "The  executive  and  a  convenient  number  of  the  national 
judiciary  ought  to  compose  a  council  of  revision,  with  author- 
1  y  to  examine  every  aci  of  the  national  legislature  before  it 
shall  operate. 

"A  national  judiciary  ought  to  be  established ;  to  consist 
of  supreme  and  inferior  tribunals ;  to  be  chosen  by  the  national 
legislature;  to  hold  their  offices  during  good  behavior,  with 
jurisdiction  to  hear  and  determine  all  piracies  and  felonies  on 
the  high  seas ;  captures  from  an  enemy ;  cases  in  which  foreign- 
ers and  citizens,  a  citizen  of  one  state  and  a  citizen  of  another 
state,  may  be  interested ;  cases  which  respect  the  collection  of 
the  national  revenue ;  impeachments  of  national  officers;  and 
questions  which  may  involve  the  national  peace  and  harmony. 


n 


li 


'M 


\\ 


ii;;, 


214 


'"li 


<       m 


TriE  FEDERAL  CONVENTION. 


B.  in. ;  on.  I. 

lawflliv?'- '""  ""?',''  *°,  ^  •"°''°  f"-'  "'O  "Omision  of  states 
I«wf,%  „,.,.„ng  w,tl,i„  the  limits  of  the  United  States. 

„M„1  ,♦  ";''"''''"'"  g°™"">'ont  and  the  territory  of  caeh  state 
oug^^t  to  bo  gnaranteed  ,,y  the  United  States  to'eaeh  !  te  "'" 
ProvK.,«n  ought  to  be  made  for  the  completion  of  all  the 
cngagoments  of  eongrcss,  and  for  itse„nti„„„„'ee  ,n"il  after  t  le 
artleles  of  nn.on  shall  Imve  been  adopted 

"Provision  ought  to  bo  made  for  the  amendment  of  th„ 

"  The  legislative,  executive,  and  judiciary  powers   within 

::!;iere::;'n:ir'""^''' ""-  "-""^  -^-^  to":;;:;^ 

tion"li^''H,r™'^'"!-'"'  "'™''  "''""  '"'  »*«"J  *»  *''o  eonfedera- 

not^rs!  ff''''  r'''"^"^  ™"'  "°  ^"''"'ation  to  the  eonvention 
Won  1"         '"•'^"'  opportunity  of  establishing  genem" 

nnbhe'  Tre^n'"'  "'  7T  ™"'''  '°™  »  ■•"P^-'entativo  re- 

tS;,    f  '""''  °'  *'"=  ^"'S™'"  <'<^'^g"«on  appeared  in 

n"e"  Z        '"  '°r  -l'--'»'i°»  on  "i'le  i^hab" 

onS    tnT;i  '™'™'"'  government  wonW  be  truly  na- 

Xved  bfl      r™,"™'  "'"  ""  J""?^^'  ™*  O""  offiee/em 
plojed  by  tlie  national  government,  not  membera  of  the  Zt 

braneh  of  the  legislature,  wonld  o^-e  their  eleetion  to  the  nf 
oven  „  the  choice  of  the  second  b,.„ch  of  th       t   ^^.^^^^^ 
ture  the  states  were  only  to  nominate  candidates.  " 

It  IS  worthy  of  note  that,  as  Randolph  declared  the  nronor 
.oned  mle  of  suffrage  to  be  "the  basis  upon  ,vhi     t .    3; 
states  could  assent  to  any  reform  "  «nv!,i  ..n/       ,    '  ^ 
one  nation,"  .yi„iam  Paie  JTf  N^jfi^e;  madi't  1'^ 
unTon^e"'^  ':  •"  '■"T"'  "''"^•'  "-""S  *»*    "         n  - 

merid  nt:t„:^■Tl''^''""'  T'^"  '''"y ""  --  *» "^ 

ergcd  mto  one.f    The  house  referred  the  propositions  of 


1787. 


TnE  CONSTITUTION  IN  OUTLINE. 


215 

Virginia  to  a  comniitteo  of  the  whole  ou  the  state  of  the  union.* 
Charles  I  mcknej  of  South  Carolina,  a  young  man  of  twonty- 
nino,  then  presented  apian  for  a  constitution,  "grounded  on 
the  Ban>e  princi])les f  as  the  resolutions"  of  Virginia.  It  re- 
ceived  the  san>e  reference,  but  no  part  of  it  was  used,  and  no 
coi)y  ot  It  has  been  preserved. 

lVr.«?,"/^'^/"r^"^  f^  the 'thirtieth,  Nathaniel  Gorham  of 
Ma  achusetts  having  been  elected  chairman  of  the  committee 
of  the  whole,  Eandolph  offered  a  resolution,  $  which  Gouver- 
neur  Morns  had  fornmlated,  "that  a  national  government 
ought  to  be  established,  consisting  of  a  supreme  legislative,  ex- 
ecutive, and  judiciai-y."  The  force  of  the  word  "supreme" 
was  explained  to  be,  that,  should  the  i)owers  to  be  granted  to 
the  new  government  clash  with  the  powers  of  the  states,  the 
states  were  to  yield.*  ' 

Pierce  Butler  of  South  Carolina  advanced  the  business  of 
the  day  by  saying  in  the  spirit  of  Montesquieu  :  "  Heretofore  I 
have  opposed  the  grant  of  new  powers  to  congress  because  they 
would  a  1  be  vested  in  one  body ;  the  distribution  of  the  powera 
among  different  bodies  will  induce  me  to  go  great  len^hs  in 
its  support."  II  o    &  b    o  xu 

"  In  all  communities,"  said  Gouvemeur  Morris,  « there 
must  be  one  supreme  power  and  one  only.  A  confederacy  is 
a  mere  compact,  resting  on  the  good  faith  of  the  parties;  a 
Da  lonal,  supreme  govermnent  must  have  a  complete  and  com- 
pulsive  operation."  Mason  argued  "  very  cogently  "  :  "  In  the 
nature  of  things  punishment  cannot  be  executed  on  the  states 
collectively;  therefore  such  a  government  is  necessary  as  can 
operate  directly  on  individuals."  ^ 

Eoger  Sherman,  who  arrived  that  morning  and  enabled  Con- 
necticut  to  vote,  wus  not  yet  ready  vo  do  more  than  vest  in  the 
general  government  a  power  to  raise  its  own  revenue;  A  and 
against  the  negative  of  his  state  alone.  New  York  being  di^ded 
the  motion  was  carried  by  Massachusetts,  Pennsylvania,  Vir' 
gmia,  and  the  two  Carolinas,  on  this  day  aided  by  Delaware. 


*  Gilpin,  Y35;  Elliot,  128. 
}  Gilpin,  747;  Elliot,  132. 


t  Yates  in  Elliot,  i.,  391. 

*  Yates  in  Elliot,  i.,  392. 
.  ^.,  .     ^  I  G''P>n,  '?47,  748;  Elliot,  133. 

-G.lp.n,  748;  Elliot,  133.  6  Gilpin,  748;  Elliot,  138. 


IH: 


.      1   l.-,il..    )-   . 


:i  ft 


u 


;i 


216 


THE  FEDERAL  CONVENTION". 


B.  m. ;  on.  I. 

^  Alexander  IFamilton  of  New  York  next  moved  tl.at  "the 
rights  of  suffrage  in  the  national  legislature  ought  to  l,o  pro- 
portioned to  the  nnn,l,cr  of  free  inhabitants ;"  and  Itiehard 
Dobbs  Spaight  of  North  Carolina  seconded  him  iJut  to 
escape  irritating  debates,  tlie  resolution  was  postponed,  and 
Madison,  supported  by  (iouvcrnour  Morris,  moved,  in  more 
general  terms  "  that  the  equality  of  suffrage  established  by 
the  articles  of  confederation  ought  not  to  prevail  in  the  na- 
t.ona  legislature ;  and  that  an  equitable  ratio  of  representation 
ought  to  be  substituted."  * 

Faithful  to  his  instructions,  George  Read  of  Delaware 
a^ked  that  the  consideration  of  the  clause  might  be  postponed  • 
ns  on  any  change  of  the  rule  of  suffrage  it  might  become  the 
duty  of  the  deputies  from  his  state  to  withdraw  from  the  con- 
vention. "Equality  of  suffrage,"  said  Madison,  "may  bo  rea- 
sonable in  a  federal  union  of  sovereign  states ;  it  can  find  no 
pLace  m  a  national  government."  But,  from  the  spirit  of  con- 
ciliation, the  request  for  delay  was  granted.f 

.    Tl^T-^y  ^^'^J^^^^g''-^  S^^^^  the  right  to  vote  by  the  ar- 
rival of  Wilham  Pierce,  a  Virginian  by  birth,  in  the  war  an  aid 
to  Cxreene,  and  now  a  member  of  congress.     The  Viro-i„ia  re- 
solve tiiat  the  national  legislature  should  be  composed  of  two 
branches,  passed  without  debate,  and,  but  for  Pennsylvania, 
unanimously;  Hamilton  and  Robert  Yates  of  New  York  vot^ 
mg  together  "t     Three  weeks  later,  Pennsylvania,  which  liad 
liesitated  only  out  of  forbearance  toward  its  own  constitution, 
gave  in  Its  adhesion.    The  decision,  which  was  in  harmony  with 
the  undisputed  and  unchanging  conviction  of  the  whole  people 
of  the  United  States,  was  adopted,  partly  to  check  liaLte  in 
egislation  by  reciprocal  watchfulness,  and  partly  to  prevent 
he  fatal  conflict  which  might  one  day  take  place  between  a 
single  legislative  body  and  a  single  executive. 

On  the  method  of  electing  the  two  branches,  the  upholders 
of  the  sovereignty  of  each  state  contended  that  the  lational 
government  ought  to  seek  its  agents  through  the  governments 
of  the  respective  states;  others  preferred  that  the  members  of 
the  first  branch  should  be  chosen  directly  by  the  people. 

.  ^.,  *  Gilpin,  750,  751  ;  Elliot,  134. 

f  Gilpm,  751,  752  ;  Elliot,  134,  135.  J  Gilpin,  763  ;  Elliot,  136. 


1787. 


TQE  CONSTITUTION  IN  OUTLINE. 


217 

«  The  people,"  said  Sliorman,  «  should  have  as  littlo  to  do 
afl  may  bo  about  the  goverrunent;  they  want  infonnation  and 
aro  eouBtanty  liable  to  bo  nnsled  ;  the  election  ought  to  be  by 
he  state  leg.slatures."  "  The  people  do  not  want^irtue  ;  bul 
they  are  the  dupes  of  pretended  patriots,"  added  Elb  idge 
Gerry  of  Massaehusetts.  To  this  arraignment  of  the  peopl' 
by  men  of  New  England,  Mason  of  Vi'^rginia  repHed  .-'tIo 

priuciple  of  the  government.     We  ought  to  attend  to  the 
rights  of  every  elass  of  the  people.     I  hfve  often  wondered  a 
the  indifference  of  the  superior  classes  of  society  to  this  dictate 
of  humanity  and  policy."      -  Without  the  confidence  of  the 

lea.  of  all  a  republican  government,  can  long  subsist-  no^ 
ought  the  weight  of  the  state  legislatures  to  be^ncre  sedW 
making  them  the  electors  of  the  national  legislature."  Mad[ 
son,  though  for  the  senate,  the  executive,  and  the  judicTary 
he  approved  of  refining  popular  appointments  by  sicce  ve 
hltrations,"  held  the  popular  election  of  one  branch  of  the 
national  legislature  indispensable  to  every  plan  of  free  rrov 
ernment.     This  opinion  prevailed.* 

It  was  agreed,  unanimously  and  without  debate,  that  the 
national  legislature  should  possess  the  legislative  powers  of  the 
confederacy ;  but,  to  the  extension  of  them  to  all  cases  to  which 
tlie  state  legislatures  were  individually  incompetent,  Charles 
Pinckney,  John  Rutledge,  and  JJutler,  all  the  three  of  South 
Carolina,  objected  that  the  vagueness  of  the  language  might 
imperil  the  powers  of  the  states.     But  Randolph  declaimed 
the  intention  of  giving  indefinite  powers  to  the  national  legis- 
lature and  declared  himself  unalterably  opposed  to  such  an 
mroad  on  the  state  jurisdictions.     Madison  was  strongly  biased 
m  favor  of  enumerating  and  defining  the  powers  to  be  granted, 
although  1k3  could  not  suppress  doubts  of  its  practicability 
iiut     said  ho,  "a  form  of  government  that  will  provide  for 
the  liberty  and  happiness  of  the  community  being  the  end  of 
our  deliberations,  all  the  necessary  means  for  attaining  it  must 
however  reluctantly,   be  submitted  to."t    The  clause  was 

*  Gilpin,  763,  m,  755,  756 ;  Elliot,  135,  136   137 
tGilpin,  760;  Elliot,  139. 


218 


THE  FEDERAL  CONVENTION. 


B.  III. ;  OH.  I. 


w 


I     rH 


I     ' 


I     r,: 


, 


i    I 


adoptedby  nine  states,  including  New  York  and  New  Jeraey 
Oliver  Ellsworth  of  Connecticut,  voting  against  Sherman,  di^ 
vided  that  state.  ' 

The  clauses  in  the  Virginia  plan,  giving  to  the  national  legis- 
lature  the  powers  necessary  to  preserve  harmony  amon«-  the 
states,  to  negative  all  state  laws  contravening,  in  the  opinion 
of  the  national  legislature,  the  articles  of  union,  or,  as  Benja- 
min Franklin  of  Pennsylvania  added,  "contravening  treaties 
subsisting  under  the  authority  of  the  union,"  were  agreed  to 
without  debate  or  dissent. 

^    Madison  struggled  to  confer  or  the  national  legislature  the 
right  to  negative  at  its  discretion  any  state  law  whatever,  being 
of  the  opinion  that  a  negative  of  which  the  rightfulness  w^ 
unquestioned  would  strip  a  local  law  of  every  pretence  to  the 
character  of  legality,  and  thus  suppress  resistance  at  its  incep- 
tion. ^  On  another  day,  explaining  his  motives,  ho  said:  «A 
negative  on  state  laws  is  the  mildest  expedient  that  can  be  de- 
vised for  enforcing  a  national  decree.     Should  no  such  precau- 
tion be  engrafted,  the  only  remedy  would  be  coercion.     The 
negatiye^  would  render  the  use  of  force  unnecessary.    In  a 
word,  this  prerogative  of  the  general  government  is  the  great 
peiwading  pnnciple  that  must  control  the  centrifugal  tendency 
of  the  states,  which,  without  it,  will  continually  fly  out  of  their 
proper  orbits,  and  destroy  the  order  and  harmony  of  the  po- 
htical  system."  *    But  the  convention  refused  to  adopt  his 
counsel.  ^ 

Lastly:  the  Virginia  plan  authorized  the  exertion  of  the 
force  of  the  whole  against  a  delinquent  state.    Madison,  ac- 
cep  ing  the  argument  of  Mason,  expressed  a  doubt  of  the  prac- 
ticabdity,  the  justice,  and  the  equity  of  applying  force  to  a 
collec  ive  peop  e.     "To  use  force  against  a  state,"  he  said,  "is 
more  hke  a  declaration  of  war  than  an  infliction  of  punishment, 
and  would  be  considered  by  the  party  attacked  a  dissolution 
of  all  previous  contracts.     I  therefore  hope  that  a  national  sys- 
tem, with  full  power  to  deal  directly  with  individuals,  will  be 
iramed,  and  the  resource  be  thus  rendered  unnecessary."    The 
clause  was  postponed.f  "^ 

In  this  wise  and  in  one  day  the  powers  of  the  ledslature 

*  June  8,  Gilpin,  822,  823 ;  Elliot,  171.  f  GUpin,  7C1 ;  ElKot,  140. 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


219 


which  was  to  be  the  centre  of  the  government  were  introduced 
and,  except  the  last,  were  with  common  consent  established  in 
their  outlines.  On  points  essential  to  union,  Yates  and  Ham- 
ilton, New  Jersey  and  Pennsylvania  voted  together.  On  the 
first  day  of  June  the  convention  took  into  consideration  the 
national  executive.  The  same  spirit  of  conciliation  prevailed 
but  with  a  chaos  of  ideas  and  a  shyness  in  the  members  to  de^ 
Clare  their  minds. 

Should  the  national  executive  be  one  or  many  ?_a  question 
which,  from  a  difeerence  among  themselves,  the  plan  of  the 
Yirgmia  delegates  had  left  undecided.     Should  it  be  chosen 
directly  by  the  people  ?  or  by  electors  2  or  by  the  state  legisla- 
tures?  or  by  the  executives  of  the  states?  or  by  one  branch  of 
the  national  legislature?   or  by  both  branches?    And  if  by 
both,  by  joint  or  concurrent  ballot?   or  by  lot?    How  W 
should  be  its  term  of  service?    And  how  far  should  its  r^ 
ehgibihty  be  Hmited  ?    Should  it  have  the  sole  power  of  peace 
and  war  ?  _  Should  it  have  an  absolute  or  a  quaUfied  veto  on 
acts  of  legislation,  or  none  at  all  ?    Should  its  powers  be  exer- 
cised  with  or  without  a  council  ?    Should  it  be  liable  to  remov- 
al by  the  legislatures  of  the  states,  ■  ,r  by  the  national  legisla- 
ture ?  or  by  the  joint  action  of  both  ?  or  by  impeachment  alone  ? 
Here  the  convention  marched  and  countermarched  for  want 
of  guides.     Progress  began  to  be  made  on  the  ascertainment 
that  the  members  inclined  to  withhold  from  the  executive  the 
power  over  war  and  peace.     This  being  understood,  Wilson 
and  Charles  Pinckney  proposed  that  the  national  executive 
should  consist  of  a  single  person.    A  long  silence  prevailed, 
broken  at  last  by  the  chairman  asking  if  he  should  put  the 
question.     Franklin  entreated  the  members  first  to  ddiver 
their  sentiments  on  a  point  of  so  great  importance.    Rutledge 
joined  m  the  request,  and  for  himself  supported  Pinckney  and 
Wilson.       On  the  other  hand,  Sherman,  controlled  by  the  pre- 
cedents of  the  confederacy  which  appointed  and  displaced 
executive  officers  just  as  it  seemed  to  them  fit,  replied:  "The 
legislature  are  the  best  judges  of  the  business  to  ]>e  done  by 
the  executive,  and  should  be  at  liberty  from  time  to  time  to 
appoint  one  or  more,  as  experience  may  dictate."  f 


*  Gilpin,  -762 ;  Elliot,  140. 


VOL.  VI.- 


10 


f  Giipiu,  163 ;  Elliot,  140. 


.'Ill 


'H 


\m 


220 


THE  FEDERAL  CONVENTION. 


;  •.  iH 


Wi:t 


-  I  ■■'■' 


-'ll 


B.  III. ;  OH.  I. 


*T,     '^  -5^  °'^*  '^^''''  *^  *^'*'''^  °®"'"^^  ^^  *^at  excellent  fabric 
tiie  British  government,"  said  Randolph;  «if  we  were  in  a 

It  But  the  fixed  genius  of  the  people  of  America  requires  a 
different  form  of  government.  The  requisites  for  the  execu- 
ive  department-vigor,  dispatch,  and  responsibility-can  be 
found  in  three  men  as  well  as  in  one.  Unity  in  the  executive 
^'  4^^'  1.  monarchy."  *  ^'  Unity  in  the  executive,"  re- 
torted Wilson  "will  rather  be  the  best  safeguard  against  tyran- 
ny.    From  the  extent  of  this  country,  nothing  but  a  Leat 

Madi  on  led  the  convention,  before  choosing  between  unity  o^ 
plurality  m  the  executive,  to  fix  the  extent  of  its  authority ;  and 
the  convention  agreed  to  clothe  it  "with  power  to  carry  into 
effect  the  national  laws  and  to  appoint  to  offices  in  ca.es  not 
otherwise  provided  for."  f 

On  the  mode  of  appointing  the  executive,  Wilson  said: 
Chimerical  as  it  may  appear  in  theory,  I  am  for  an  election 
by  the  people.     Experience  in  New  York  and  Massachusetts 
shows  that  an  election  of  the  first  magistrate  by  the  people  at 
large  is  both  a  convenient  and  a  successful  mode.    The  objects 
of  choice  m  such  cases  must  be  persons  whose  merits  have  gen- 
eral notoriety."^  "I,"  replied  Sherman,  "am  for  its  appoint- 
ment by  the  national  legislature,  and  for  making  it  absolutelv 
dependent  on  that  body  whose  will  it  is  to  execute.    An  inde 
pendence  of  the  executive  on  the  supreme  legislature  is  the 
very  essence  of  tyranny."     Sherman  and  Wilson  were  for  a 
period  of  office  of  three  years  and  "  against  the  doctrine  of  rota- 
tion as  thro^Wng  out  of  office  the  men  best  qualified  to  execute 
ite  duties.       Mason  a^ked  for  seven  years  at  least,  but  without 
re-ehgibihty.     "  What,"  inquired  Gunning  Bedford  of  Dela- 
ware, 'will  be  the  situation  of  the  country  should  the  nrst 
magistrate  elected  for  seven  years  be  discovered  immediately 
on  trial  to  be  incompetent  ? "    He  argued  for  a  triennial  elec- 
tion, with  an  ineligibility  after  three  successive  elections     The 

a  half,  decided  for  the  period  of  seven  years ;  t  and  by  at  least 

*  Gilpin,  763,  T64 ;  Elliot,  141.  f  Gilpin,  766 ;  Elliot,  141. 

t  Gilpin,  767 ;  Elliot,  143. 


1787. 


I 


THE  CONSTITUTION  IN  OUTLINE. 


221 

seven  states  against  Connecticut,  that  the  executive  should  not 
be  twice  eligible.* 

T^rr,"^  w-,""  "^'""f"  the  executive  remained  the  perplexing  prob- 
lem.    WJson,  borrowing  an  idea  from  the  constitution  of 
Maryland,  proposed  that  electors  chosen  in  districts  of  the  sev- 
eral states  should  meet  and  elect  the  executive  by  ballot,  but 
not  from  the.r  own  body.f    He  deprecated  the  intervention  of 
the  states  in  ir..  choice.  %    Mason  favored  the  idea  of  choosing 
the  executive  by  the  people ;  Rutledge,  by  the  national  senate.^ 
Gerry  set  ma  clear  light  that  the  election  by  the  national  legis- 
ature  would  keep  up  a  constant  intrigue  between  that  legisla- 
ture and  the  candidates ;  nevertheless,  Wilson's  motion  was  at 
that  time  supported  only  by  Pennsylvania  and  Maryland ;  and 
from  sheer  uncertainty  what  else  to  do,  the  convention  left  the 
choice  of  the  executive  to  the  national  legislature,  f 
^     1^  or  relief  from  a  bad  selection  of  the  executive,  John  Dick- 
inson of  Ddaware  who  did  not  like  the  plan  of  impeaching 
the  grea  officers  of  state,  proposed  a  removal  on  the  request  of 
a  majority  of  the  legislatures  of  the  individual  states.^     sher- 
man  would  give  that  power  to  the  national  legislature.     "  The 
ma Inng  the  executive  the  mere  creature  of  the  legislature," 
replied  Mason,  "is  a  violation  of  the  fundamental  principle  oi 
good  government."  ^  ^        ^ 

"  The  occasion  is  so  important,"  said  Dickinson,  "that  no 
man  ought  to  be  silent  or  reserved.    A  limited  monarchy  is 
one  of  the  best  governments  in  the  world.    Equal  blessings 
have  never  yet  been  derived  from  any  of  the  republican  forml 
i3ut,  though  a  form  the  most  perfect  perhaps  in  itself  be  unat- 
tainable, we  must  not  despair.     Of  remedies  for  the  diseases  of 
republics  which  have  flourished  for  a  moment  only  and  then 
vanished  forever,  one  is  the  double  branch  of  the  legislature, 
tiie  other  the  accidental  lucky  division  of  this  country  into 
distinct  states,  which  some  seem  desirous  to  abolish  altogether. 
Ihis  division  ought  to  be  maintained,  and  considerable  powers 
to  be  left  with  the  states.     This  is  the  ground  of  my  consola- 


*  Gilpin,  ng;  Elliot,  149. 
tr.ilpin,  708;  Elliot,  113. 
K'ilpin, '767;  Elliot,  143. 
**  Gilpin,  768 ;  Elliot,  143. 


I  Gilpin,  770;  Elliot,  144. 
^  Gilpin,  776 ;  Elliot,  147. 
0  Gilpin,  776 ;  Elliot,  147. 


Vi 


S      I 


)>'? 


m 


1 

1 

i 

i  ■_:  ■ 

■ 

( 

'  .\>L 

^ 

222 


THE  FEDERAL  CONVENTION. 


D.  III. ;  OH.  I. 


i'l, 


Bi^lr 


?! 


tion  for  the  future  fate  of  my  country.  In  case  of  a  consolida- 
tion of  the  states  into  one  great  republic,  we  may  read  its  fate 
in  the  history  of  smaller  ones.  The  point  of  representation 
in  the  national  legislature  of  states  of  different  sizes  must  end 
in  mutual  concession.  I  hope  that  each  state  will  retain  an 
equal  voice,  at  least  in  one  branch  of  the  national  legislature."  * 
The  motion  of  Dickinson  was  sustained  only  by  Delaware ; 
and  the  executive  was  made  removable  on  "  impeachment  and 
conviction  of  malpractice  or  neglect  of  duty."  f  But  the  ad- 
vice on  the  distribution  of  suffrage  in  the  national  legislature 
sank  deep  into  the  minds  of  his  hearers. 

Randolph  pleaded  anew  for  an  executive  body  of  three 
members,  one  from  each  of  the  three  geographical  divisions  of 
the  country.  "  That  would  lead  to  a  constant  struggle  for  local 
advantages,"  replied  Butler,  who  had  travelled  in  Holland ; 
and  from  his  own  observation  ho  sketched  the  distraction  of 
the  Low  Countries  from  a  plurality  of  military  heads. :{:  "  Ex- 
ecutive questions,"  said  "Wilson  on  the  fourth,  "  have  many 
sides ;  and  of  three  members  no  two  might  agree.*  All  the 
thirteen  states  place  a  single  magistrate  at  the  head.  Unity  in 
the  executive  will  favor  the  tranquillity  not  less  than  the  vigor 
of  the  government."  ||  Assenting  to  unity  in  the  executive, 
Sherman  thought  a  council  necessary  to  make  that  unity  ac- 
ceptable to  the  people.  "  A  council,"  replied  Wilson, "  of  tener 
covers  malpractices  than  prevents  them."  The  proposal  for  a 
single  executive  was  sustained  by  seven  states  against  New 
York,  Delaware,  and  Maryland.  In  the  Virginia  delegation 
there  would  have  been  a  tie  but  for  Washington.^  The  de- 
cision was  reached  after  mature  deliberation,  and  was  accepted 
as  final. 

Wilson  and  Hamilton  desired  to  tnist  the  executive  with 
an  absolute  negative  on  acts  of  legislation ;  but  this  was  op- 
posed, though  from  widely  differing  motives,  by  Gerry,  Frank- 
lin, Shcnnan,  Madison,  Butler,  Bedford,  and  Mason,^  and  was 
unanimously  negatived. 


*  Gilpin,  778 ;  Elliot,  148. 
t  Gilpin,  779;  Elliot,  149. 
i  Gilpin,  780 ;  Elliot,  149. 
•Gilpin,  782;  Elliot,  160. 


I  Gilpin,  781 ;  Elliot,  160. 
^Gilpin,  782,  783;  Elliot,  151. 
0  Gilpin,  781-787;  Elliot,  151-164. 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


223 


"When  Wilson  urged  upon  the  convention  the  Virginif^  plan 
of  vesting  a  limited  veto  on  legislation  in  a  council  of  revision 
composed  of  the  executive  and  a  convenient  number  of  the  ju- 
diciary, Gerry  called  to  mind  that  judges  had  in  some  states, 
and  with  general  approbation,  set  aside  laws  as  being  against 
the  constitution ;  but  that  from  the  nature  of  their  office  they 
were  unfit  to  be  consulted  on  the  policy  of  public  measures ; 
and,  after  the  example  of  his  own  state,  he  proposed  rather  to' 
confide  the  veto  power  to  the  executive  alone,  subject  to  bo 
overruled  by  two  thirds  of  each  branch.  «  Judges,"  said  Euf  us 
King  of  Massachusetts,  "  should  expound  the  law  as  it  may 
come  before  them,  free  from  the  bias  of  having  participated  in 
its  formation."  *  Gerry's  motion  was  carried  by  eiglit  states 
against  Connecticut  and  Maryland.f 

In  a  convention  composed  chiefly  of  lawyers,  the  organiza- 
tion of  the  judiciary  engaged  eager  attention ;  at  the  close  of  a 
long  sitting,  the  Virginia  resolution,  that  a  national  judiciary 
be  established,  passed  without  debate  and  unanimously,  with  a 
further  clause  that  the  national  judiciary  should  consist  of  one 
supreme  tribunal  and  of  one  or  more  inferior  tribunals.  ^ 

A  night's  reflection  developed  a  jealousy  of  transferring 
business  from  the  courts  of  the  states  to  the  courts  of  the 
union ;  and  on  the  fifth  Rutledge  and  Sherman  insisted  that 
state  tribunals  ought,  in  all  cases,  to  decide  in  the  first  instance, 
yet  without  impairing  the  right  of  appeal.  Madison  replied :  * 
'*  Unless  inferior  tribunals  are  dispersed  throughout  the  repub- 
lic, in  many  cases  with  final  jurisdiction,  appeals  will  be  most 
oppressively  multiplied.  A  government  without  a  proper  ex- 
ecutive and  judiciary  will  be  the  mere  trunk  of  a  body,  without 
arms  or  legs  to  act  or  move."  The  motion  to  dispense  with 
the  inferior  national  tribunals  prevailed ;  but  Dickinson,  Wil- 
son, and  Madison,  marking  the  distinction  between  estabhshing 
them  and  giving  a  discretion  to  establish  them,  obtained  a  great 
majority  for  empowering  the  national  legislature  to  provide  for 
their  institution.  I|      On  the  thirteenth  it  was  unanimously 

*  Gilpin,  783  ;  Elliot,  151.  f  Gilpin,  790,  791 ;  Elliot,  166. 

t  Gilpin,  791 ;  Elliot,  165;  and  Elliot,  l,  160. 

«  Gilpin,  798,  799  ;  Elliot,  169. 

jGilpin,  800;  Elliot,  160.     Compare  Elliot,  i.,  103,  397. 


I  ^:;^^ 


!l(l 


1M 


i 


-i 


'l^ 


224 


THE  FEDERAL  CONVENTION. 


B.  Ill,  ;  OH.  I. 


:;:!:! 


i-  II 


h  n 


h 


u<i 


agreed  "  that  the  power  of  the  national  judiciary  should  extend 
to  all  cases  of  national  revenue,  impeachment  of  national  offi- 
cers, and  questions  which  involve  the  national  peace  or  har- 


mony 


»* 


The  Virginia  plan  intrusted  the  appointment  of  the  judges 
to  the  legislature ;  Wilson  proposed  to  transfer  it  to  the  execu- 
tive ;  Madison  to  the  senate ;  and  on  the  thirteenth  the  last 
mode  was  accepted  witliout  dissent.f  All  agreed  that  their 
tenure  of  office  should  be  good  behavior,  and  that  their  com- 
pensation should  be  safe  from  diminution  during  the  period  of 
their  service. 

On  the  sixth  of  June,  Charles  Pinckney,  supported  by  Rut- 
ledge,  made  once  more  a  most  earnest  effort  in  favor  of  elect- 
ing the  first  branch  of  the  legislature  by  the  legislatures  of  the 
states,  and  not  by  the  people.     "  Vigorous  authority,"  insisted 
Wilson,  "should  flow  immediately  from  the  legitimate  source 
of  all  authority,  the  people.    Representation  ought  to  be  the 
exact  transcript  of  the  whole  society ;  it  is  made  necessary  only 
because  it  is  impossible  for  the  people  to  act  collectively."     "  If 
it  is  in  view,"  said  Sherman,  "to  abolish  the  state  governments, 
the  elections  ought  to  be  by  the  people.     If  they  are  to  be  con- 
tinued, the  elections  to  the  national  government  should  be  made 
by  them.     I  am  for  giving  the  general  government  power  to 
legislate  and  execute  within  a  defined  province.     The  objects 
of  the  union  are  few :  defence  against  foreign  danger,  internal 
disputes,  and  a  resort  to  force ;  treaties  with  foreign  nations ; 
the  regulation  of  foreign  commerce  and  drawing  revenue  from 
it.     These,  and  perhaps  a  few  lesser  objects,  alone  rendered  a 
confederation  of  the  states  necessary.     All  other  matters,  civil 
and  criminal,  will  be  much  better  in  the  hands  of  the  states."  ^ 
"  Under  the  existing  confederacy,"  said  Mason,  "  congress 
represent  the  states,  and  not  the  people  of  the  states ;  their 
acts  operate  on  the  states,  not  on  individuals.     In  the  new  plan 
of  government  the  people  will  be  represented  ;  they  ought, 
therefore,  to  choose  the  representatives.**     Improper  elections 
in  many  cases  are  inseparable  from  republican  governments. 


*  Gilpin,  855  ;  Elliot,  188;  Yatea  in  Elliot,  i.,  409. 
t  Gilpin,  "792,  793,  855;  Elliot,  155,  156,  188. 
t  Gilpin,  801,  802,  803  ;  Elliot,  ICO,  161. 


*  Gilpin,  803  ;  Elliot,  161. 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


225 


But  comparo  these  with  the  advantage  of  this  form,  in  favor 
of  the  rights  of  the  people,  in  favor  of  human  nature  ! " 

Approving  the  objects  of  union  which  Sherman  had  enu- 
merated, "I  combine  with  them,"  said  Madison,  "the  necessity 
of  providing  more  effectually  for  the  security  of  private  rights 
and  the  steady  dispensation  of  justice."  *  And  he  explained 
at  great  length  that  the  safety  of  a  republic  requires  for  its 
jurisdiction  a  large  extent  of  territory,  with  interests  so  many 
and  so  various  that  the  majority  could  never  unite  in  the  pur- 
suit of  any  one  of  them.  «It  is  incumbent  on  us,"  he  said, 
"to  try  this  remedy,  and  to  frame  a  republican  system  on  such 
a  scale  and  in  such  a  form  as  will  control  all  the  evils  which 
have  been  experienced."  f 

"It  is  essential,"  said  Dickinson,  "that  one  branch  of  the 
legislature  should  be  drawn  immediately  from  the  people  ;  and 
it  is  expedient  that  the  other  should  be  chosen  by  the  legislar 
tures  of  the  states.  This  combination  of  the  state  govern- 
ments with  the  national  government  is  as  politic  as  it  is  una- 
voidable." 

Pierce  spoke  for  an  election  of  the  first  branch  by  the  peo- 
ple, of  the  second  by  the  states;  so  that  the  citizens  of  the 
states  will  be  represented  both  indivddually  and  collectively.  ^ 

When  on  the  twenty-first  the  same  question  was  revived 
in  the  convention,  Charles  Cotesworth  Pinckney  of  South 
Carolina,  seconded  by  Luther  Martin  of  Maryland,  adopting  a 
milder  form,  proposed  "  that  the  first  branch,  instead  of  being 
elected  by  the  people,  should  be  elected  in  such  manner  as  the 
legislature  of  each  state  should  direct."  # 

"  It  is  essential  to  the  democratic  rights  of  the  community," 
said  Hamilton,  enouncing  a  principle  which  he  upheld  with 
unswerving  consistency,  "that  the  first  branch  be  directly 
elected  by  the  people."  "  The  democratic  principle,"  Mason 
repeated,  "  must  actuate  one  part  of  the  government.  It  is  the 
only  security  for  the  rights  of  the  people."  "  An  election  by 
the  legislature,"  pleaded  Rutledge,  "  would  be  a  more  refining 
process."  "  The  election  of  the  first  branch  by  the  people," 
said  Wilson,  "  is  not  the  corner-stone  only,  but  the  foundation 


*  Gilpin,  804;  Elliot,  1G2. 
t  Gilpin,  806 ;  Elliot,  1G3. 


X  Gilpin,  807;  Elliot,  163. 
*  Gilpin,  925;  Elliot,  223. 


H 


u 


■IT'l' 


220 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  I. 


f-r..l 


.m 


of  tho  fabric."  *     South  Carolina,  iinding  herself  feebly  sup- 
ported, p:avo  up  the  Htni-jj^lo. 

On  tho  Bovouth  of  Juiio,  Dickinson  moved  that  tho  mem- 
bers of  tlio  Hocond  branch,  or,  as  it  is  now  called,  tho  Bcnuto, 
ought  to  bo  chosen  by  tho  individual  Icgislatures.f     Tho  mo' 
tion,  without  waiving  tho  claim  to  perfect  0(piality,  clearly 
implied  tluit  each  state  should  elect  at  Iciwt  one  senator.     "  If 
each  of  tho  small  states  should  bo  allowed  one  senator,"  said 
Cotesworth  l»inckncy,  "there  will  bo  eighty  at  least."     ''I 
have  no  objection  to  eighty  or  twice  eighty  of  them,"  rejoined 
Dickinson.     "  Tho  legislature  of  a  numerous  people  ought  to 
bo  a  numerous  body.     I  wish  tho  senate  to  bear  as  strou"-  a 
likeness  as  possible  to  tho  British  house  of  lords,  and  to  consist 
of  men  distinguished  for  their  rank  in  life  and  their  weight  of 
property.     Such  characters  are  moro  likely  to  bo  selected  by 
tho  state  legislatures  than  in  any  other  mode."     "  To  depart 
from  tho  proportional  representation  in  tho  senate,"  said  Madi- 
son, "  is  inadmissible,  being  evidently  unjust.     Tho  nso  of  tho 
senate  is  to  consist  in  its  i)roceeding  with  moro  coolness,  sys- 
tem, and  wisdom  than  tho   popular  branch.     Enlarge  their 
number,  and  you  communicate  to  them  tho  vices  which  they 
are  meant  to  correct.     Their  weight  will  bo  in  an  invci-so  ratio 
to  their  numbers."     Dickinson  rei)licd  :  "  The  preservation  of 
the  stjites  in  a  certain  degree  of  agency  is  indispensable.    Tho 
proposed  national  system  is  like  the  solar  system,  in  which  tho 
states  arc  tho  planets,  and  they  ouglit  to  bo  left  to  move  moro 
freely  in  their  proper  orbits."  :J: 

"  The  states,"  answered  Wilson,  "are  in  no  danger  of  being 
devoured  by  tho  national  government ;  I  wish  to  keep  them 
from  devouring  tho  national  government.  Their  existence  is 
made  essential  by  the  great  extent  of  our  conntry.  I  am  for  an 
election  of  the  second  branch  by  the  ])cople  in  largo  districts, 
subdividing  the  districts  only  for  the  accommodation  of  voters."' 
Gerry  and  Sherman  declared  themselves  in  favor  of  clectin<r 
the  senate  by  the  individual  legislatures.  From  Charles  Pincir. 
ney  came  a  proposal  to  divide  the  states  periodically  into  three 

*  Gilpin,  920,  927 ;  Elliot,  223,  224.    Yates  ia  Elliot,  i.,  432,  438. 

f  Gilpin,  812;  Elliot,  IGO. 

i  Gilpin,  813,  814,  81 5 ;  Elliot,  166,  167. 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


227 

classes  according  to  tlicir  comparativo  importance;  the  first 
class  to  have  throe  members,  tlio  second  two,  and  the  third  one 
member  cacli ;  but  it  received  no  attention.     Mason  closed  the 
debate:  "The  state  legiHJatnrcs  ought  to  liavo  some  means  of 
Uetcnding  themselves  against  cncroaclnnonts  of  tlio  national 
government.     And  what  better  means  can  wo  provide  than  to 
inake  them  a  constituent  part  of  tlie  national  establishment? 
iVfo  doubt  there  is  danger  on  botli  sides ;  but  we  have  only 
Been  the  ey.ls  arising  on  tlie  side  of  the  state  governments. 
Those  on  the  other  side  remain  to  be  displayed ;  for  congress 
had  not  power  to  cariy  their  acts  into  execution,  as  the  national 
government  will  now  have."     Tim  vote  was  then  taken,  and 
the  choice  of  the  second  branch  or  senate  was  with  one  consent 
iritrusted  to  the  individual  legislatures.     In  this  way  the  states 
as  stotos  made  their  lodgment  in  the  new  constitution.* 

Ihe  ccpKility  of  the  small  states  was  next  imperilled.     On 

tiio  nmth   David  Brcarley,  tho  chief  justice  of  New  Jersey, 

vehemently  protested  against  any  change  of  tho  equal  suifrago 

of    ho  states.     To  the  remark  of  Kandolph,  that  tho  states 

ought  to  bo  ono  nation,  Paterson  replied:   "The  idea  of  a 

national  government  as  contradistinguished  from  a  federal 

one  never  entered  into  the  mind  of  any  of  tlie  states.     If  the 

states  are  as  states  still  to  continue  in  union,  they  must  bo 

considered   as  equals.     Tiiirteen  sovereign   and  independent 

states  can  never  constitute  one  nation,  and  at  the  same  timo 

bo  states.     If  we  are  to  be  formed  into  a  nation,  the  states  as 

states  must  be  abolished,  and  the  whole  must  be  thrown  into 

hotchpot,  and  when  an  equal  division  is  made  there  may  be 

fairly  an  equality  of  representation.     New  Jersey  will  never 

confederate  on  the  plan  before  the  committee.    I  would  rather 

submit  to  a  despot  than  to  such  a  fate.    I  will  not  only  oppose 

the  plan  here,  but  on  my  return  home  will  do  everything  in 

my  power  to  defeat  it  there."  f  J       B 

When,  on  tho  eleventh,  the  committee  of  tho  whole  was 
about  to  take  the  question,  Franklin,  ever  the  peace-maker, 
reproved  the  want  of  coolness  and  temper  in  the  late  debates. 

*  fiilpin,  817,  818,  821  ;  Elliot,  1G8, 169,  170;  and  1.,  165,  399. 
177,  m.TiT  ^'^^"    "'''''"' ''''  '"''  '"'^  '"'"^'''  ''"'  '''•  °°''  ^"'°*'  ^'«. 


I 
'    '  1 

H  ' 


''I 


/  !' 


,.( 


(  ; 


iMi 


m 


w 


228 


THE  FEDERAL  CONVENTION. 


B.  III. ;  en.  I. 

"We  are  sent  here,"  lie  said,  "to  consult,  not  to  contend  with 
each  other;"  and,  though  ho  mingled  crude  proposals  with 
wholesome  precepts,  he  saw  the  danger  of  the  pass  into  which 
they  were  entering.     There  were  six  states,  two  northern  and 
four  southern,  demanding  a  representation  in  some  degree  pro- 
portioned  to  numbers— Massachusetts,  Pennsylvania,  Virginia 
and  the  two  Carolinas  with  Georgia,  whose  delegates,  as  they  con- 
templated her  vast  and  most  fertile  territory,  indulged  in  glow- 
ing visions  of  her  swift  advances.     There  were  two  northern 
with  one  southern  state  for  an  equal  representation  of  states— 
New  lork,  New  Jersey,  and  Delaware.    Connecticut  stood 
between  the  two.     It  was  carried  by  the  six  national  states 
and  Connecticut  against  the  three  confederating  states,  Mary- 
land being  divided,  that  in  the  first  branch,  or  house  of  repre- 
sentatives, of  the  national  legislature,  tlie  suffrage  ought  to  be 
according  to  some  equitable  ratio.     In  April  1783,  congress 
had  apportioned  the  suj.plies  of  the  states  for  the  common 
treasury  to  the  whole  number  of  their  free  inhabitants  and 
three  fifths  of  other  persons;  in  this  precedent  the  equitable 
ratio  for  representation  in  the  popular  branch  was  found.* 

Connecticut  then  took  the  lead  ;  and  Sherman,  acting  upon 
a  principle  which  he  had  avowed  more  than  ten  years  before, 
moved  that  each  state  should  have  one  vote  in  the  second 
branch,  or  senate.  "  Everything,"  he  said,  «  depends  on  this ; 
the  smaller  states  will  never  agree  to  the  plan  on  any  other 
principle  than  an  equality  of  suffrage  in  this  branch."  Ells- 
worth shored  up  his  colleague ;  but  they  rallied  only  five  states 
against  the  six  whicli  had  demanded  a  proportioned  represen- 
tation. 

Finally  Wilson  and  Hamilton  proposed  for  the  second 
branch  the  same  rule  of  suffrage  as  for  the  first;  and  this,  too 
was  carried  by  the  phalanx  of  the  same  six  states  against  the 
remaining  five.  So  the  settlement  offered  by  Wilson,  Hamil- 
ton, Madison,  Rutledge,  and  others,  to  the  small  states,  and 
adopted  in  the  committee  of  the  whole,  was :  The  appoint- 
ment of  the  senators  among  the  states  according  to  represen- 
tative population,  except  that  each  state  should  have  at  least 
one. 

*  Gilpin,  813;  Elliot,  181. 


1787. 


THE  CONSTITUTION  IN  OUTLINE. 


220 

^  The  convention  speeded  through  the  remainder  of  the  Vir- 
ginia plan.  A  guarantee  to  each  state  of  its  territory  was  de- 
clined. A  republican  constitution,  the  only  one  suited  to  the 
genius  of  the  United  States,  to  the  principles  on  which  they 
had  conducted  their  war  for  independence,  to  their  assumption 
before  the  wor  d  of  the  responsibility  of  demonstrating  man's 
capacity  for  self-government,  was  guaranteed  to  each  one  of 
the  United  States. 

The  requirement  of  an  oath  from  tlie  highest  state  officers 
to  support  the  articles  of  union  was  opposed  by  Sherman*  as 
an  intrusion  mto  the  state  jurisdictions,  and  supported  by  Ran- 
dolph as  a  necessary  precaution.     "An  oath  of  fidelity  to  the 
states  from  national  officers  might  as  well  be  required,"  said 
Qorry     Martm  observed :   "If  the  new  oath  should  conflict 
with  that  almtdy  taken  by  state  officers,  it  would  bo  improp- 
er;  If  coincident,  it  would  be  superfluous."  f    The  clause  wa^ 
retained  by  the  vote  of  the  six  national  states.     By  the  same 
vote  the  new  system  was  referred  for  consideration  and  deci- 
sion to  assemblies  chosen  expressly  for  the  purpose  by  the 
people  of  the  several  states.     The  articles  of  union  were  there- 
after open  to  "amendment  whensoever  it  should  seem  neces- 
sary." 

Sherman  and  Ellsworth,  speaking  on  the  twelfth,  wished 
the  members  of  tlie  popular  branch  to  be  chosen  annually. 
The  people  of  New  England,"  said  Gerry,  "will  never  mye 
up  annual  elections."  ^  "We  ought,"  replied  Madison,  "  to 
consider  what  is  right  and  necessary  in  itself  for  the  attain- 
ment of  a  proper  government ; "  and  his  proposal  of  a  term  of 
three  years  was  adopted  for  the  time ;  though,  to  humor  the 
eastern  states,  it  was  afterward  changed  to  two.  The  ineligi- 
bility of  members  of  congress  to  national  offices  was  limited  to 
one  year  after  their  retirement ;  but,  on  the  motion  of  Charles 
1  inckney,  the  restriction  on  their  re-election  was  removed,  and 
the  power  of  recalling  them,  which  was  plainly  inconsistent 
witii  their  choice  by  the  people,  was  taken  away.* 

The  qualification  of  age  was  at  a  later  day  fixed  at  twenty- 
five  years  for  the  branch  elected  by  the  people.     For  senators 


*  Gilpin,  845;  Elliot,  182. 
t  Gilpin,  845  ;  Elliot,  183. 


t  Gilpin,  847;  Elliot,  184. 
»  Gilpin,  851 ;  Elliot,  185. 


i 

■ 

l'     '   , 

■    ! 

I 
! 

'' 

1 

! 

1 
1 

1 

• 

; 

'[■    I 


230 


THE  FEDERAL  CONVENTION. 


B.  in. ;  on.  i. 


tho  qualification  of  ago  was  at  tliat  timo  fixed  at  thirty.  Plerco 
would  have  limited  their  term  of  service  to  thrco  years  •  Sher- 
man  to  not  more  than  five ;  but  a  great  majority  held  eovon 
years  by  no  means  too  long. 

The  resolutions  of  the  committee  dei)arted  from  the  origi- 
nal plan  of  Virginia  but  rarely,  and,  for  tho  most  part,  for  the 
better.  Thus  amended,  it  formed  a  complete  outline  of  a  fed- 
eral republic.  Tho  mighty  work  was  finished  in  thirteen  ses- 
sions, with  little  opposition  except  from  the  small  states,  and 
from  them  chiefly  because  they  insisted  on  equality  of  suffrage 
in  at  least  one  branch  of  tho  legislature. 


;''H 


f;l  'M 


If 


'1  !.'■ 


1787.  NEW  JEUSEY  CLAIMS  EQUAL  REPRESENTATION.    231 


CHAPTER  II. 

NKW  JEBSEY  CLAIMS    AN    EQUAL   REPRESENTATION   OF   THE 

STATES. 

The  Fifteisntii  to  the  Nineteenth  of  June  1787. 

The  plan  of  Virginia  divested  the  smaller  states  of  the 
equality  of  suffrage,  which  they  had  enjoyed  from  the  incep- 
tion  of  the  union.  "See  the  consefjuence  of  pushing  things 
too  far,"  said  Dickinson  to  Madison ;  the  smaller  states,  though 
some  of  their  members,  hke  himself  and  the  delegates  from 
Connecticut,  wished  for  a  good  national  government  with  two 
branches  of  the  legislature,  were  compelled,  in  self-defence,  to 
fall  back  upon  the  articles  of  confederation.* 

The  project  which  in  importance  stands  next  to  that  of 
Virgmia  is  the  series  of  propositions  of  Connecticut.  It  con- 
sisted of  nine  sections,  and  in  the  sessions  of  the  convention 
received  the  support  of  every  one  of  the  Connecticut  delega- 
tion, particularly  of  Sherman  and  Ellsworth.  It  was  framed 
while  they  were  still  contriving  amendments  of  the  articles  of 
the  confederation.f     It  gave  to  the  legislature  of  the  United 

•Gilpin,  863,  note ;  Elliot,  191. 

f  Therefore,  certainly,  before  19  Juno,  and  probably  soon  after  the  arrival  of 
Sherman  in  Philadelphia.  The  Connecticut  members  were  not  chosen  till  Satur- 
day, the  twelfth  of  May.  Ellsworth  took  his  seat  the  twenty-eighth  of  May  Sher- 
rnan  the  thirtieth,  and  John.on  the  second  of  June.  For  the  plan,  see  the  Life  of 
Roger  Sherman  by  Jeremiah  Evarts,  in  Biography  of  the  Signers,  Ed.  of  1828. 
pp.  42-44.  It  may  be  that  Sherman  drew  the  paper ;  but  one  of  the  articles  cor- 
responds  with  the  sixth  recommendation  of  a  committee  on  which  Ellsworth 
served  with  Randolph  in  1781  ;  and  is  very  similar  to  a  proposition  made  in  1786 
by  a  sub-committee  of  which  Johnson  was  a  member ;  and  another,  the  sixth,  does 
no  more  than  adopt  the  report  of  a  committee  of  which  Ellsworth  was  a  member 
with  Hamilton  and  Madison  in  1783.    It  is  bard  to  say  whether  Sherman  or  Ells- 


■li  i 


'  r 


IV 


.■ii 


i-l 


'I 


I  i; 


232 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  II. 

States  the  power  over  commerce  Avitli  foreign  nations  and  be- 
tween the  states  in  the  union,  with  a  revenue  from  customs 
and  the  post-office.     The  United  States  were  to  make  laws  in 
all  cases  which  concerned  their  common  interests;  but  not  to 
interfere  with  the  governments  of  the  states  m  matters  where- 
in the  general  welfare  of  the  United  States  is  not  affected 
Ihe  laws  of  the  United  States  relating  to  then-  common  inter- 
ests were  to  be  enforced  by  the  judiciary  and  executive  officers 
of  the  respective  states.     The  United  States  were  to  institute 
one  supreme  tribunal  and  other  necessary  tribunals,  and  to  as- 
certain their  respective  powers  and  jurisdiction.     The  individ- 
ual states  were  forbidden  to  emit  bills  of  credit  for  a  curreucv 
or  to  make  laws  for  the  payment  or  discharge  of  debts  or  con' 
tracts  m  any  manner  differing  from  the  agreement  of  the  par- 
ties, whereby  foreigners  and  the  citizens  of  other  states  might 
be  aflected.     The  common  treasury  was  to  be  supplied  by  the 
several  states  in  proportion  to  the  whole  number  of  white  and 
other  free  citizens  and  inhabitants  and  three  fifths  of  all  other 
persons,  except  Indians  not  paying  taxes,  in  each  state.    Should 
any  state  neglect  to  furnish  its  quota  of  supplies,  the  United 
States  might  levy  and  collect  the  same  on  the  inhabitants  of 
such  state.     The  United  States  might  call  forth  aid  from  the 
people  to  assist  the  civil  officers  in  the  execution  of  their  laws 
The  tnal  for  a  criminal  offence  must  be  hy  jury,  and  must  take 
place  withm  the  state  in  which  the  offence  shall  have  been 
committed. 

The  task  of  leading  resistance  to  the  large  states  fell  to  New 
Jersey.  Paterson,  one  of  its  foremost  statesmen,  of  Scotch- 
Irish  descent,  brought  from  Ireland  in  infancy,  a  graduate  of 
J  rmeeton,  desired  a  thoroughly  good  general  government. 
Clieerful  in  disposition,  playful  in  manner,  and 'of  an  even 
temper,  he  was  undisturbed  by  resentments,  and  knew  how  to 
bnng  back  his  friends  from  a  disappointment  to  a  good  humor 
^vlth  themselves  and  with  the  worid.*    In  his  present  under- 

worth  wna  the  prcatest  hater  of  paper  money.     Compare  Gilpin,  1345,  1442  •  El- 
not,  435, 485.     For  proof  of  their  unity  of  action,  compare  their  joint  letter  from 
El7ot,r40?  ''  ^''''"'^''"  '^'^•*"  ^"''™"  nuntingtou  of  Connecticut,  in 
♦Dayton  to  Paterson,  1  February  1801.     MS. 


1787.  NEW  JERSEY  CLAIMS  EQUAL  REPRESENTATION^.    233 

taking  he  was  obHged  to  call  around  liim  a  group  of  states 
agreeing  in  almost  nothing.  New  York,  his  strongest  ally 
acted  only  from  faction.  New  Jersey  itself  needed  protection' 
for  Its  commerce  against  New  York.  Luther  Martin  could 
bnng  the  support  of  Maryland  only  in  the  absence  of  a  ma- 
jority of  his  colleagues.  The  people  of  Connecticut  *  saw  the 
need  of  a  vigorous  general  government,  with  a  legislature  in 
two  branches. 

The  plan  of  New  Jersey,  which  Paterson  presented  on  the 
fifteenth  was  a  revision  of  the  articles  of  confederation.  It 
preserved  a  congress  of  states  in  a  single  body  ;  granted  to  the 
United  States  a  revenue  from  duties,  stamps,  and  the  post-office, 
but  nothing  more  except  by  requisitions ;  established  a  plural 
executive  to  be  elected  and  to  be  removable  by  congress ;  and 
conferred  on  state  courts  original  though  r  t  final  jurisdiction 
over  infractions  of  United  States  laws.f 

"The  New  Jersey  system,"  said  John  Lansing i  of  New 
Jorl^,  on  the  sixteenth,  "is  federal;  the  Virginia  system,  na- 
tional In  the  first,  the  powei-s  flow  from  the  state  governments  • 
m  the  second,  they  derive  authority  from  the  people  of  the 
states,  and  must  ultimately  annihilate  the  state  governments 
We  are  invested  only  with  power  to  alter  and  amend  defective 
parts  of  the  present  confederation."  # 

Now  the  powers  granted  by  Virginia  extended  to  "all  fur- 
ther provisions  necessary  to  render  the  federal  constitution 
adequate  to  the  exigencies  of  the  Union."  "  Fully  adequate  " 
were  the  still  more  energetic  words  of  Pennsylvania.  New 
Jersey  did  not  so  much  as  name  the  articles  of  confedera- 
tion ;  while  Connecticut  limited  the  discussions  of  its  dele- 
gates only  by  "the  general  principles  of  republican  govern- 
ment." f  ° 

The  states,  Lansing  further  insisted,  would  not  ratify  a 

*  Gilpin,  8r.2,  8G3,  Elliot,  191,  note,  wrongly  classes  New  York  and  Connecti- 
cu  together.  In  conduct  and  intention  the  delegates  of  Connecticut  were  very 
unlike  1  atcs  and  Lansing.  ' 

t  Paterson  MSS.;  Elliot,  i.,  1^5-177;  Gilpin,  863-8r.7 ;  Elliot,  191-193 
MSS        '''  '"  ElUot,i.,411;  compared  with  Gilpin,  SC7;  Elliot,  193;  Paterson 

*  Gilpin,  8G7  ;  T^lliot,  193  ;  Yates  in  Elliot,  i.,  4n. 
I  Journals  of  Congress,  iv.    Appendix. 


'U 


fe 


I  li.  / 


■■i 


I'l 


.  ) 


'  i '  n 


i  1 


234 


THE  FEDERAL  CONVENTION. 


B.  III.  ;  OH.  II. 


novel  scheme,  while  they  would  readily  approve  an  augmenta- 
tion of  the  familiar  authority  of  congress.* 

Paterson  next  spoke  with  the  skill  of  a  veteran  advocate 
setting  forth,  "not  his  own  opinions,"  as  he  frankly  and  re- 
peatedly avowed,t  hut  "  the  views  of  those  who  sent  him." 

"  The  system  of  government  for  the  union  wliich  I  have  pro- 
posed accords  with  our  own  powers  and  with  tl  o  sentiments  of 
the  people.  ^    If  the  subsisting  confederation  is  so  radically 
defective  as  not  to  admit  of  amendment,  let  us  report  its  in- 
sufficiency and  wait  for  enlarged  powers.     If  no  confederation 
at  present  exists,  all  the  states  stand  on  the  footing  of  equal 
sovereignty  ;  and  all  must  concur  before  any  one  can  be  bound.* 
If  a  federal  compact  exists,  an  equal  sovereignty  is  its  basis ; 
and  the  dissent  of  one  state  renders  every  proposed  amendment 
null.     The  confederation  is  in  the  nature  of  a  compact ;  and 
can  any  state,  unless  by  the  consent  of  the  whole,  either  in 
politics  or  law,  withdraw  its  powers  ?     The  larger  states  con- 
tribute most,  but  they  have  more  to  protect ;  a  rich  state  and 
a  poor  state  are  in  the  same  relation  as  a  rich  individual  and  a 
poor  one :  the  hberty  of  the  latter  must  be  preserved.     Two 
branches  are  not  necessary  in  the  supreme  council  of  the  states  • 
the  representatives  from  the  several  states  are  checks  upon  each 
other.     Give  congress  the  same  powers  that  are  intended  for 
the  two  branches,  and  I  apprehend  they  will  act  with  more 
enei -y  and  wisdom  than  the  latter.    Congress  is  the  sun  of  our 
political  system."  || 

Wilson  refuted  Paterson  by  contrasting  the  two  plans.^ 
"The  congress  of  the  confederacy,"  he  continued,  "is  a  single 
legislature.  Theory  and  practice  both  proclaim  that  in  a  single 
house  there  is  danger  of  a  legislative  despotism."  ^  Cotesworth 
Pinckney  added :  "  The  whole  case  comes  to  this  :  give  ^ew 
Jersey  an  equal  vote,  and  she  will  dismiss  her  scruples  and  con- 
cur in  the  national  system."  ^ 

*  Gilpin,  868,  8G9  ;  Elliot,  194. 

t  Fatcrson  5ISS.     The  informants  of  England  name  Governor  Livin^'ston  as 
author  of  the  system.  J  Gilpin,  860  ;  Elliot,  194 ;  Yates  in  Elliot"  i.,  41  i 

»  Gilpin,  869 ;  Elliot,  194.  J  Paterson  JISS. 

^  Gilpin,  871 ;  Elliot,  195  ;  Elliot,  i.,  414  ;  Paterson  MSS. 
0  Gilpin,  874;  Elliot,  196. 
X  Gilpin,  875  ;  Yates  in  Elliot,  i.,  416 ;  Elliot,  197 ;  Paterson  MSS. 


I78r.  NEW  JERSEY  CLAIMS  EQUAL  REPRESENTATION. 


235 


a 


When 


salvation  of  the  republic  is  at  stake,"  said  Ran- 
doJph    Mt  would  be  treason  to  our  trust  not  to  propose  what 
we  find  necessary.*    The  insufficiency  of  the  federal  plan  has 
been  fully  displayed  by  trial.     The  end  of  a  general  govern- 
ment  can  be  attained  only  by  coercion,  or  by  real  legislation. 
Coercion  is  impracticable,  expensive,  and  cruel,  and  trains  up 
mstruments  for  the  service  of  ambition.     We  must  resort  to  a 
national  legislation  over  individuals.     To  vest  such  power  in 
the  congress  of  the  confederation  would  be  blending  the  legis- 
ative  with  the  executive.     Elected  by  the  legislatures  who  re- 
tain even  a  power  of  recall,  they  are  a  mere  diplomatic  body, 
with  no  will  of  their  own,  and  always  obsequious  to  the  states 
who  are  ever  encroaching  on  the  authority  of  the  United  States.f 
A  national  government,  properly  constituted,  will  alone  an- 
swer the  purpose ;  and  this  is  the  only  moment  when  it  can  be 
established."  ^ 

On  the  morning  of  the  eighteenth,  Dickinson,  to  conciliate 
the  conflicting  parties,  induced   the  convention  to  proceed 
through  a  revision  of  the  articles  of  the  confederation  to  a 
government  of  the  United  States,  adequate  to  the  exigencies 
preservation,  and  prosperity  of  the  union.**  ' 

Hamilton  could  no  longer  remain  silent.  Embarrassed  by 
the  complete  antagonism  of  both  his  colleagues,  he  yet  insisted 
that  ^ven  the  New  York  delegates  need  not  doubt  tlie  ample 
extent  of  their  powers,  and  under  them  the  right  to  the  free 
exercise  of  their  judgment.  The  convention  could  only  pro- 
pose and  recommend;  to  ratify  or  reject  remained  « in  the 
states."  11 

Feeling  that  another  ineffectual  effort  «  would  beo-et  de- 
spair," he  spoke  for  «  a  solid  plan  without  regard  to  teinporary 
opinions."  "Our  choice,"  he  said,  "is  to  engraft  powers  on 
the  present  confederation,  or  to  form  a  new  government  with 
complete  sovereignty."  a  He  get  forth  the  vital  defects  of  the 
confederacy,  and  that  it  could  not  be  amended  except  by  in- 
vesting It  with  most  important  powers.     To  do  so  would  estab- 

Iy^!":-  ^mi-  f'^Vr ''  ^'*'"''"  ''''•      +  «''P'"'  «'«.  «^^ ;  Elliot.  198. 
$  Yates  mEhoU    417;  Gilpin,  877-879  ;  Elliot.  198;  Pntorson  MSS. 


*  Gilpin,  878;  Elliot,  198. 

*  narniUoa's  Vforks,  ii.,  410. 

VOL.  VI.— 17 


S  Yates  in  Elliot,  i.,  418. 


!    I! 


.       H 


I     I 


I         i 


>i' 


n 


Mil 


il 


236 


THE  FEDERAL  CONVENTION. 


B.  III. ;  CH.  11. 


lish  a  general  government  in  one  hand  without  checks  ;  a  sov- 
ereignty of  the  worst  Idnd,  the  sovereignty  of  a  single  body. 
This  is  a  conclusive  objection  to  the  Jersey  plan.''^ 

"  I  have  great  doubts,"  he  continued,  "  whether  a  national 
government  on  the  Virginia  plan  can  be  effectual.f  Gentle- 
men say  we  need  to  be  rescued  from  the  democracy.  But 
what  are  the  means  proposed  ?  A  democratic  assembly  is  to  be 
checked  by  a  democratic  senate,  and  both  these  by  a  democratic 
chief  magistrate. :{:  The  Virginia  plan  is  but  pork  still  with  a 
little  change  of  the  sauce.**  It  will  prove  inefficient,  because 
the  means  will  not  be  equal  to  the  object.  | 

"The  general  government  must  not  only  have  a  strong 
soul,  but  strong  organs  by  which  that  soul  is  to  operate.^  I 
despair  that  a  republican  form  of  government  can  remove  the 
difficulties ;  I  would  hold  it,  however,  unwise  to  change  it.  ^ 
The  best  form  of  government,  not  attainable  by  us,  but  the 
model  to  which  we  should  approach  as  near  as  possible,  X  is 
the  British  constitution,  $  praised  by  N'ecker  as  '  the  only  gov- 
ernment wliich  unites  public  strength  with  individual  se- 
curity.' I  ItS'  house  of  lords  is  a  most  noble  institution.  It 
forms  a  permanent  barrier  against  every  peniicious  innovation, 
whether  attempted  on  the  part  of  the  crown  or  of  the  com- 
mons.** 

"  It  seems  to  be  admitted  that  no  good  executive  can  be 
established  upon  republican  principles.f  f  The  English  model 
is  the  only  good  one.  The  British  executive  is  placed  above 
temptation,  and  can  have  no  interest  distinct  from  the  public 
welfare,  j^^  The  inference  from  these  obsei-vations  is,  that,  to 
obtain  stabihty  and  permanency,  we  ought  to  go  to  the  full 
length  that  republican  principles  will  admit.**  And  the  govern- 
ment will  be  republican  so  long  as  all  officers  arc  appointed  by 

*  Ilaniilton's  "Works,  ii.,  412  ;  Yates  in  Elliot,  i.,  420,  421, 

f  Yates  in  Elliot,  i.,  41Y.  X  Hamilton,  ii.,  416. 

*  Yates  in  Elliot,  i.,  423  ;  Gilpin,  893,  note;  Elliot,  205. 


I  Ilamilton,  ii.,  416 

0  Yates  in  Elliot,  i.,  421. 

$  Yates  in  Elliot,  i„  421 ;  Hamilton,  ii.,  413. 

**  Gilpin,  8S6,  881 ;  Elliot,  203. 

tt  Yates  in  Elliot,  i.,  422. 

«»  Gilpin,  888  ;  Elliot,  203  ;  Yates  in  Elliot,  i.,  422, 


•*^  Ilamilton,  ii.,  413. 

X  Hamilton,  ii.,  413. 

t  Gilpin,  886  ;   Elliot,  202. 

+  t  Gilpin,  887;  Elliot,  20a 


1787.  NEW  JERSEY  CLAIMS  EQUAL  REPRESENTATION, 
the  people,  or  bj 


237 


people""  "      ^""^^^^^  ^^  ^^^°*'°^  originating  ^vith  the 

Hamilton  then  read  and  commented  on  his  sketch  of  a  con- 
stitution for  the  United  States.  It  planted  no  one  branch  of 
the  general  government  on  the  states ;  but,  by  methods  even 
more  national  than  that  of  the  Virginia  plan,  derived  them  all 
irom  tne  people. 

The  assembly,  which  was  to  be  the  comer-stone  of  the  edi- 
fice, was  to  consist  of  persons  elected  directly  by  the  people  for 
three  years     It  was  to  be  checked  by  asenate  elected  by  elect- 
ors chosen  by  the  people,*  and  holding  office  during  good  be- 
havior.    The  supreme  executive,  whose  term  of  office  was  to 
be  good  behavior,  was  to  be  elected  by  electors,  chosen  by  elect- 
wo;dt'f.l  ^  ^  the  Peoplcf    "  It  may  be  said,"  these  were  his 
words,     this  cons  itutes  an  elective  monarchy ;  but  by  making 
the  executive  subject  to  impeachment  the  term  monarchy  caS 
not  apply. '  X    The  courts  of  the  United  States  were  so  insti- 
tuted as  to  place  the  general  government  above  the  state 
governments  m  all  matters  of  general  concern.*    To  prevent 
the  states  from  passing  laws  contrary  to  the  constitution  or 
laws  of  the  United  States,  the  executive  of  each  state  was  to  be 
appointed  by  the  general  government  with  a  negative  on  aJl 
state  legislation.  * 

Hamilton  spoke,  not  to  refer  a  proposition  to  the  com- 
mittee, but  only  to  present  his  own  ideas,  and  to  indicate  the 
amendments  which  he  might  offer  to  the  Yirginia  plan  He 
saw  evils  operating  in  the  states  which  must  soon  cure  the 
people  of  their  fondness  for  democracies,  and  unshackle  them 
from  their  prejudices ;  so  that  they  would  be  ready  to  go  as  far  at 
least  as  he  had  suggested.  \\  But  for  the  moment  he  held  it  the 
duty  of  the  convention  to  balance  inconveniences  and  dangers, 
and  choose  that  which  seemed  to  have  the  fewest  objections.^ 

Hamilton  "was  praised  by  everybody,  but  supported  by 
none.    0    It  was  not  the  good  words  for  the  monarchy  of 

..„  J  ?lf  "r'"°"  """"^  "'°  '''°'''  °^  '^'°'=^*"-«  t«  be  made  by  the  landholders  • 
ee  h.s  fuller  plan,  written  out  by  himself  and  given  to  Madison  near  the  close  o' 
the  convention.     The  senate  of  New  York  was  so  ehoscn 

JElhot,,,  179.  t  Yates  in  Elliot,  i,  422.        «Ibid    403 

I  Gilpin,  R90-  Elliot   n(U        ATT      .,         ..      '    '  loiu.,  9-0. 

,       !  a,  -.L  ,  tuiot,  .04.       -Hamikou,  u.,  4lo.        ()  Yates  in  ElUot,  i,  431. 


1  ( i"f 


"  ;<! 


(• 


M 


f  l|  ' 

|H* 

1  ' 
• 

■  1.    t 

f^ 


238 


THE  FEDERAL  COITVENTION.  b.  iii. 


OH.  II. 


Great  Britain  that  enstranged  Lis  hearers.    Hamilton  did  not 
go  far  beyond  the  language  of  Eandolph,*  or  Dickinson,f  or 
Gerry,  %  or  Charles  Pinekney.*     The  attachment  to  monarchy 
in  the  United  States  had  not  been  consumed  by  volcanic  fire  • 
it  had  disappeared  because  there  was  nothing  left  in  them  to 
keep  it  alive.     The  nation  imperceptibly  and  without  bitter- 
ness outgrew  its  old  habits  of  thought.     Gratitude  for  the  revo- 
lution of  1G88  still  threw  a  halo  round  the  house  of  lords.    But 
Hamilton,  finding  a  home  in  the  United  States  only  after  his 
mind  was  near  maturity,  did  not  cherish  toward  the  states  the 
feeling  of  those  who  were  bom  and  bred  on  the  soil,  and  had 
received  into  their  affections  the  thought  and  experience  of  the 
preceding  generation.     His  speech  called  forth  from  many 
sides  the  liveliest  defence  of  the  rights  of  the  states. 

^  On  the  nineteenth  the  convention  in  committee  rejected  the 
milder  motion  of  Dickinson ;  and,  after  an  exhaustive  analysis 
by  Madison  1  of  the  defects  in  the  New  Jersey  plan,  they  re- 
ported the  amended  plan  of  Virginia  by  the  vote  of  the  six  nar 
tional  states,  aided  by  the  vote  of  Connecticut.^ 


*  Gilpin,  763  ;  Elliot,  141 
X  Yates  in  Elliot,  i.,  408 


f  Gilpin,  778 ;  Elliot,  148. 

*  Gilpin,  947  ;  Elliot,  284. 
II  Gilpin,  893  ;  Elliot,  206. 

^Gilpin,  904  j  Elliot,  212 ;  Yates  in  Elliot,  i.,  425. 


I7W. 


THE  CONNECTICCr  COMPKOMISE. 


339 


cnAPTEE  ra. 

THE  CONSECTICUT  COMPKOMISE. 
Feom  19  JoNE  TO  a  JULT  1787. 

r.J^^,  """^f  on,  which  had  shown  itself  m  resolute  for 
coneohdatmg  the  ,.„ion,  next  bethonght  itself  of  home  rule 

W^^^"  ?f  ^^  *'"^'' '™"  H'™"'"".  Wilson  ^don  tie 
nineteenth  of  Jnne :  "  I  am  lor  a  national  government  but  not 
one  that  wU  swallow  up  the  stat.  g^vemmfnts ;  these  are  aW 

"  I  did  not  intend  yesterday,"  exclaimed  Hamilton,  "  a  total 
extmgu,shmen  of  state  governments;  bat  that  a  natiind  Z^ 

ted  at  all,  the  nvalsh.p  of  the  states  would  gradually  subvert 

1  .*?..?,?""  "■''""  ""'""•dinate  juri^ietions." f  "If 
he  tates,"  said  Kmg,  "retain  some  portiin  of  their  sovLJ.- 
y,  they  have  certainly  divested  themselves  of  essentialToSs 

C-for^  rnXr^^"^'  *^^-  ^«™  '  ""''^--y  -  o"^- 
Marau  held  that  the  separation  from  Great  Britain  placed 

This  w?.r  r ''." ".  ^'"*^  "*  -"""^  '°™"i  ^-t  o'l^rri 

This  Wilson  demed,  saying:  «I„  the  deckration  of  independ- 
ence  the  united  colonies  were  declared  to  be  free  and  taS- 
ent  states,  independent,  not  individually,  but  unitodh"'*^ 

Connecticut,  which  was  in  all  sincerity  partly  federal  and 
Partly  national,  w.,s  now  compelled  to  taUthe  leS    a'I 


H 


♦Gilpin,  904;  Elliot,  212. 
-f  Yates  in  Elliot,  i,,  426. 


JGilpin,  906,  907;  Elliot,  218. 
*  Gilpin,  907 ;  Elliot,  2iS. 


:i- 


I  I   : 


f:    "il 


i    U 


I 


240  THE  FEDERAL  CONVENTION.         B.  m. ;  on.  in. 

state  she  was  tlio  most  homogeneous  and  the  most  fixed  in 
the  character  of  her  consociate  churches  and  her  complete  sys- 
tem of  home  government.  Ilcr  delegation  to  the  convention 
was  thrice  remarkable :  they  had  precedence  in  age ;  in  experi- 
ence, from  17YG  to  1786  on  committees  to  frame  or  amend  a 
constitution  for  the  country ;  and  in  illustrating  the  force  of 
religion  in  human  life. 

Roger  Shennan  was  a  unique  man.  lifo  one  in  the  conven- 
tion had  had  so  large  experience  in  legislating  for  the  United 
States.  Next  to  Franklin  the  oldest  man  in  the  convention, 
Hke  Franklin  he  had  had  no  education  but  in  the  common 
school  of  his  birthplace  hard  by  Boston ;  and  as  the  one  learned 
the  trade  of  a  tallow-chandler,  so  the  other  had  been  appren- 
ticed to  a  shoemaker. 

Left  at  nineteen  an  orphan  on  the  father's  side,  he  minis- 
tered to  his  mother  during  her  long  life  ;  and  having  suffered 
from  the  want  of  a  liberal  education,  he  provided  it  for  his 
younger  brothers.  Resolved  to  conquer  povei-ty,  at  the  age  of 
two-and-twenty  he  wrapped  himself  in  his  own  manliness,  and, 
bearing  with  him  the  tools  of  his  trade,  he  migrated  on  foot  to 
New  Milford,  in  Connecticut,  where  he  gained  a  living  by  his 
craft  or  by  trade,  until  in  December  1754,  after  careful  study 
he  was  admitted  to  the  bar.  ' 

There  was  in  him  kind-heartedness  and  industry,  penetra- 
tion and  close  reasoning,  an  unclouded  intellect,  superiority  to 
passion,  intrepid  patriotism,  solid  judgment,  and  a  directness 
which  went  straight  to  its  end;  so  that  the  country  p(,)ple 
among  whom  he  lived,  first  at  New  Milford  and  then  at  New 
Haven,  gave  him  every  possible  sign  of  their  confidence.    The 
church  made  him  its  deacon  ;  Yale  college  its  treasurer ;  New 
Haven  its  representative,  and,  when  i+  became  a  city,  its  first 
mayor,  re-electing  him  as  long  as  he  lived.    For  nineteen  years 
ho  was  annually  chosen  one  of  the  fourteen  assistants,  or  upper 
house  of  the  legislature ;  and  for  twenty-three  years  a  judge  of 
the  court  of  common  pleas,  or  of  the  superior  court. 

A  plurality  of  offices  being  then  allowed,  Sherman  was 
sent  to  the  first  congress  in  1774,  and  to  every  other  congress 
to  the  last  hour  of  his  life,  except  when  excluded  by  the  funda- 
mental law  of  rotation.     In  congress  lie  served  on  most  of  the 


1787. 


THE  OONNEOTICUT  COMPROMISE. 


241 

important  committees,  the  board  of  war,  the  board  of  the  ma- 
nne,  the  board  of  finance.     He  signed  the  declaration  of  17^4 
which  some  winters  regard  as  the  date  of  our  nationality  wai 
of   he  committee  to  write,  and  wa.  a  signer  of  the  declaration 
of  independence;  was  of  the  committee  to  frame  the  articles 
of  the  confederation,  and  a  signer  of  that  instrument.     No  one 
18  known  to  have  complained  of  his  filling  too  many  offices  or 
0  ha     found  fault  with  the  manner  in  which  he  filled  tW 
In  the  convention  he  never  made  long  speeches,  but  would 
in^ntively  seize  on  the  turning-point  of  a\uestion,  and  pre 
ent  It  m    erse  language  which  showed  his  own  opinion  and 
the  strength  on  which  it  rested. 

By  the  side  of  Sherman  s'tood  William  Samuel  Johnson, 
then  sixty  years  of  age.    He  took  his  first  degree  at  Yale  hi 
second,  after  a  few  months'  further  study,  at  Harvard;  bec'ame 
a  representative  in  the  Connecticut  assembly;  was  a  delegate 
to  the  stamp-act  congress  of  1765,  and  assisted  in  writing  its 
address  to  the  king.    He  became  the  able  and  faithful  agent 
of  Ins  state  in  England,  where  Oxford  made  him  a  doctor  of 
civil  law.     After  his  return  in  1771,  he  was  chosen  one  of  the 
fourteen  assistants,  and  one  of  the  judges  of  the  superior  court 
He  was  sent  by  Connecticut  on  a  peace  mission  to  Gage  at 
Boston;  but  from  the  war  for  independence  he  kept  aloof 
His  state,  nevertheless,  appointed  him  its  leading  counsel  in  its 
territorial  disputes  with  Pennsylvania.     A  delegate  to  the  fifth 
congress  and  the  sixth,  he  acted  in  1786  on  a  grand  committee 
and  Its  sub-committee  for  reforming  the  federal  government 
He  had  just  been  unanimously  chosen  president  of  Columbia 
college.     His  calm  and  conservative  character  made  him  tardy 
m  coming  up  to  a  new  position,  so  that  he  had  even  opposed 
the  call  of  the  federal  convention.*    He  was  of  good-^umor 
composcdncss,  and  candor,  and  he  knew  how  to  conciliate  and 
to  convince. 

The  third  member  of  the  Connecticut  delegation  was 
Oliver  Ellsworth,  whom  we  have  seen  on  the  committee  of 
1781  for  amending  the  constitution,  and  on  the  committee  of 
1783  for  addressing  the  states  in  behalf  of  further  refonns  A 
native  of  Connecticut,  he  was  at  Yale  for  two  years,  and  in 

*Galc  to  Johnson,  19  April  1787  ;  Gilpin,  589;  Elliot.  96. 


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242 


THE  FEDERAL  CONVENTION. 


B.  III. :  on.  ni. 


!i! 


I  ,h 


{i 


1766,  after  two  years  more  of  study,  graduated  in  tlio  college 
of  New  Jersey,  where  Luther  Martin  was  his  classmate.     Of  a 
robust  habit  of  mind,  he  was  full  of  energy  and  by  nature 
hopeful ,:  devoid  of  sentimentality  and  safe  against  the  seduc- 
tions of  feeling  or  tho  dohipions  of  imagination,  he  was  always 
self-possessed.    Free  from  nuicor  and  superior  to  flattery,  he 
could  neither  be  intimidated  nor  cajoled.     His  mind  advanced 
cautiously,  but  with  great  moving  force.    Knowing  what  he 
needed,  he  could  not  be  turned  from  its  pursuit ;  obtaining  It 
he  never  wrangled  for  more.     He  had  been  the  attorney  of  hi^ 
own  state,  a  member  of  its  assembl  ,  one  ol  iu  delegates  in  con- 
gress, a  colleague  of  Sherman  in  its  superior  court ;  and  now, 
at  the  age  of  two-and-forty,  rich  in  experience,  he  becomes 
one  of  the  chief  workmen  in  framing  the  federal  constitution. 
By  Paterson,  in  his  notes  for  a  New  Jersey  plan,  the  pro- 
posed new  government  was  named  "the  federal  government  of 
the  United  States;"  by  Dickinson,  in  his  resolution,  "the  gov- 
ernment of  the  United  States."    In  the  Virginia  plan  it  was 
described  as  "national"  nineteen  times,  and  in  the  report  from 
the  convention  in  committee  of  the  whole  to  the  house,  twenty- 
six  times.    Ellsworth,  who  then  and  ever  after  did  not  scruple 
to  use  the  word  «  national,"  moved  to  substitute  in  tlie  amended 
Virginia  plan  the  phrase  of  Dickinson  as  the  proper  title.* 
To  avoid  alarm,  the  friends  to  the  national  plan  unhesitatingly 
accepted  the  colorless  change.f    Lansing  then  moved  "that 
the  powers  of  legislation  ought  to  bo  vested  in  the  United 
States  in  congress."    He  dwelt  again  on  the  want  of  power  in 
the  convention,  the  probable  disapprobation  of  their  constitu- 
ents, tho  consequent  dissolution  of  the  union,  the  inability  of 
a  general  government  to  pervade  the  whole  continent,  the  dan- 
ger of  complicating  the  British  model  of  government  with 
state  governments  on  principles  which  would  gradually  destroy 
the  one  or  the  other. 

Mason  protested  against  a  renewed  agitation  of  the  question 
between  the  two  plans,  and  against  the  objection  of  a  want  of 
ample  powers  in  the  convention;  with  impassioned  wisdom, 
he  continued : 

"  On  two  points  the  American  mind  is  well  settled :  an  at- 

*  Gilpin,  908,  909 ;  Elliot,  214.  f  Martin  in  Elliot,  i.,  302. 


■i    I 


irsr. 


THE  CONNECTICUT  COMPROMISE. 


243 

ttnTi  1"  '°^:^-''"\  S''™"'™^*.  "nd  an  attachment  tomoro 
than  one  branch  m  the  legislature.    The  general  accordrf 

teen  a""™!';"''"  '"  '"".'  '''^  --»^'-- must  ei     X; 
been  a  m.raele,  or  must  have  resulted  from  the  genius  of  Z 

people.    Congress  i,  the  only  single  legislature  .fot  losen  bv 

he  people  themselves,  and  in  con^cpJce  they  hv    been  "ot^ 

stantly  averse  to  giving  it  further  powers.    They  never  S{ 

swo^and  L;lt.  Tcon'elfvrt  "'  ',''  '"r'^"^  "''"  «'« 
secret  ind  .^.m:.  •    '     '=""™™'  transacting  their  business  in 

spWt  n  r  If  ",T^.f  "'"='■•  '"'*^  ''y  f''""™^  "nd  party 
In  ;i  :  *  °'''="7><^''g^  V  tl'e  author  of  the  Ne«r  Jersey 
plan  that  it  cannot  be  enforced  without  mUitary  coercon  Th« 
most  j,,mng  elements  of  nature,  15re  and  water  arcZ;  Zt 

emlm'T'!'""""''!^?  "^  '°"'='*'"^°  '"  '=^"''"i*  a  national  gov- 
emment,  I  never  will  agree  to  abolish  the  state  govemme^I 
or  lender  them  absolutely  insignificant.    They  areTn^I^ 

ptstftTem  '7™'""*'  "V.^''^"  "^  «^«ally  eS^S 

LTbrer-thJ  tTo.Trh;;:";?;*^-"'  "^^-^  "-^ 

That  the  onegovernmeitwillbeTUlU^Crsrdtd 

safety.    The  convention  cannot  make  a  faultless  government  • 
but  I  will  trust  posterity  to  mend  its  defects  "  *  ' 

The  day  ended  in  a  deiinitive  refusal  to  take  up  the  proDo 
sition  of  Lansing;   the   six  n,,tional  states  st.™diW  Set 

dS     t'"?  '''™'r"  "" «°™-«™'.  Mai^fanS: 
divided.    The  four  southernmost  st.ites  aimed  a'  no  8,.lfiro^ 

rSetf™,  ■"  *'"  'z"'  ^"'^'™  <'-^- "~  *o 

tue  rescue  of  the  nmon.  Moreover,  the  people  of  Mar^-land 
were  by  a  large  majority  on  the  side  of  the  national  sW?  Z.^ 
te  votes  of  Connecticut  and  Delaware  werc^tnirtj^rve 
the  way  to  an  equal  vote  in  the  senate.  ^      ' 

Weary  of  supporting  the  New  Jei^ey  plan,   Sherman  + 
pleaded  for  two  houses  of  the  national  legiJature  'and T^oL^ 


f 

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244 


THE  FEDERAL  OOyVENTION.         n,  m. ;  on.  ni. 


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vote  of  tlie  states  in  one  of  tliem.  On  the  next  morning  John- 
son *  took  lip  tho  thome.  Avoiding  every  appearance  of  dic- 
tation, ho  invited  tho  convention  to  harmonize  tho  individuality 
of  the  states  as  proposed  by  New  Jersey  witli  tlio  general  sov- 
ereignty and  jurisdiction  of  tlie  Virginia  plan.  He  wished  it 
to  be  well  considered,  whether  tho  portion  of  sovereignty  which 
was  to  remain  ^vith  tho  states  could  be  preserved  without  allow- 
ing them  in  the  second  branch  of  the  national  legislature  a  dis- 
tinct and  e(pial  vote. 

The  six  national  states,  re-enforced  l)y  Connecticut,  then 
resolved  f  that  the  general  legislature  should  consist  of  two 
branches.  Upon  this  decision,  which  was  carried  by  more  than 
two  states  to  one,  tho  New  Jersey  plan  fell  hopelessly  to  the 
ground. 

It  was  on  the  twenty-fifth,  in  the  course  of  these  debates, 
that  "Wilson  said :  "  When  I  consider  the  amazing  extent  of 
country,  the  immense  population  which  is  to  fill  it,  the  influ- 
ence which  the  government  we  arc  to  form  will  have,  not  only 
on  the  present  generation  of  our  people  and  their  multiplied 
posterity,  but  on  tho  whole  globe,  I  am  lost  in  the  magnitude 
of  the  object.  +    We  are  laying  the  foundation  of  a  building 
in  which  millions  are  interested,  and  which  is  to  last  for  ages.* 
In  laying  one  stone  amiss  we  may  injure  the  superstructure ; 
and  what  will  be  the  consequence  if  the  corner-stone  should  be 
loosely  placed  ?    A  citizen  of  America  is  a  citizen  of  tho  gen- 
eral government,  and  is  a  citizen  of  the  particular  state  in  wliich 
he  may  reside.  ||     The  general  government  is  meant  for  them 
in  the  first  capacity;   the  state  governments  in  the  second. 
Both  governments  are  derived  from  the  people,  both  meant 
for  the  people ;  both,  therefore,  ought  to  be  regulated  on  the 
same  principles.^    In   forming  the  general  government   we 
must  forget  our  local  habits  and  attachments,  lay  aside  our 
state  connections,  and  act  for  the  general  good  of  the  whole.  ^ 
The  general  government  is  not  an  assemblage  of  states,  but  of 

*  Gilpin,  920  ;  Elliot^  220  ;  Yates  in  Elliot,  i.,  431. 
f  Gilpin,  925  ;  Elliot,  223 ;  i.,  184  ;  Yates  in  Elliot,  i.,  432. 
t  Gilpin,  950  ;  Elliot,  239.  #  Yates  in  Elliot,  i.,  446. 

II  Yates  in  Elliot,  i.,  445,  446.  ^  Gilpin,  950 ;  Elliot,  239. 

^  Yates  in  Elliot,  i,,  440. 


1787. 


THE  CONNECTICUT  COMPROMISE. 


245 

individuals  for  certain  political  purposes;  it  is  not  meant  for 
the  states  but  for  the  individuals  composing  them ;  the  iudi- 
viduals  therefore,  not  the  states,  ought  to  be  represented  in 

I  .  He  persisted  to  the  last  in  demanding  that  the  senate 
should  bo  elected  br  elec  tors  chosen  by  the  people. 

Ellsworth  replied  :     V  hether  the  member  of  the  senate 
bo  appointed  by  th  ^  :,e>,\   ar  by  the  legislature,  he  will  be  a 
citizen  of  the  state  lie  is  ^o  represent.    Every  state  has  its  par- 
ticular views  and  pr.  •  -.     >.,  which  will  iind  their  way  into  the 
general  counci,  through  whatever  channel  they  may  flow,  f 
ihe  sta  e  legislatures  are  more  competent  to  make  a  judicious 
choice  than  the  people  at  largo.     Without  the  existence  and 
co-operation  of  the  states,  a  repubhcan  government  cannot  be 
supported  over  so  great  an  extent  of  country.     We  know  that 
the  people  of  the  states  are  strongly  attached  to  their  own  con- 
8titutioiis.     If  you  hold  up  a  system  of  general  government, 
destructive  of  their  constitutional  rights,  they  will  oppose  it 
Ihe  only  chance  we  have  to  support  a  general  government  is 
to  gralt  It  on  the  state  governments."  ^ 

That  the  members  of  the  second  branch  should  be  chosen 
by  the  individual  legislatures,  which  in  the  committee  had  been 
unanimously  accepted,  was  then  affirmed  in  convention  by  all 
the  states  except  Pennsylvania  and  Virginia,  which  looked 
upon  this  mode  of  choice  aa  the  stepping-stone  to  an  equal 
representation.**  ^ 

For  the  term  of  office  of  the  cenators,  who,  as  all  agreed 
were  to  go  out  in  classes,  Randolph  proposed  seven  years' 
Cotesworth  Pinckney,  four;  Gorham  and  AVilson,  six  with 
biennial  rotation.  Read  desired  the  tenure  of  good  behavior, 
but  hardly  finding  a  second,  ||  moved  for  a  term  of  nine  year^ 
as  the  longest  which  had  a  chance  for  support. 

Madison  came  to  his  aid.  "  The  second  branch,  as  a  lim- 
itcd  number  of  citizens,  respectable  for  wisdom  and  virtue, 
will  be  watched  by  and  will  keep  watch  over  the  representa- 
tives of  the  people  ;  it  will  seasonably  interpose  between  im- 
petuous counsels;  and  will  guard  the  minority  who  are  placed 

*  Gilpin,  957  i  Elliot,  239.  f  Ibid.  f  Yates  in  Elliot,  i.,  446,  447 

«  Gilpin,  nv ;  Elliot,  240 ;  Yates  in  Elliot,  i.,  447.  .    .       ,        • 

II  Compare  Gilpin,  960,  or  Elliot,  241,  with  Yatcain  Elliot,  i.  448. 


>■'     * 


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TUE  FEDERAL  CONVENTION". 


B.  III.  ;  CH.  in. 


I*  I   :'* 


■  I  f    • 


U  !     r(  '  m 


above  indigence  against  the  agrarian  attempts  of  the  ever- 
increasing  class  who  labor  under  all  the  hardships  of  life,  and 
secretly  sigh  for  a  more  equal  distribution  of  its  blessings.  The 
longer  the  members  of  the  senate  continue  in  office,  the  better 
vsrill  these  objects  be  answered.  The  term  of  nine  years  can 
threaten  no  real  danger."  * 

Sherman  replied :  "  The  more  permanency  a  government 
has,  the  worse,  if  it  be  a  bad  one.  I  shall  be  content  with  six 
years  for  the  senate  ;  but  four  will  be  quite  sufficient."  f 

"  We  are  now  to  decide  the  fate  of  republican  government," 
said  Hamilton ;  "  if  we  do  not  give  to  that  form  due  stability, 
it  will  be  disgraced  and  lost  among  ourselves,  disgraced  and  lost 
to  mankind  forever.  +  I  acknowledge  I  do  not  think  favor- 
ably of  republican  government ;  but  I  address  my  remarks  to 
those  who  do,  in  order  to  prevail  on  them  to  tone  their  gov- 
ernment as  high  as  possible.  I  profess  myself  as  zealous  an 
advocate  for  liberty  as  any  man  whatever ;  and  trust  I  shall  be 
as  willing  a  martyr  to  it,  thougli  I  differ  as  to  the  form  in 
which  it  is  most  eligible.  Real  liberty  is  neither  found  in 
despotism  nor  in  the  extremes  of  democracy,  but  in  moderate 
governments.*  Those  who  mean  to  form  a  solid  republic 
ought  to  proceed  to  the  confines  of  another  government.  If 
we  incline  too  much  to  democracy,  wo  shall  soon  shoot  into  a 
monarchy."  The  term  of  nine  years  received  only  the  votes  of 
Pennsylvania,  Delaware,  and  Virginia ;  and  that  for  six  years, 
with  the  biennial  renewal  of  one  third  of  its  members,  was 
carried  by  the  voice  of  seven  states  against  four.  || 

On  the  twenty-seventh,  Eutledge  brought  the  convention 
to  consider  the  rule  of  suffrage  in  the  two  branches  of  the 
national  legislature.  For  the  rest  of  the  day,  and  part  of  the 
next,  ^Martin  vehemently  denounced  any  general  government 
that  could  reach  individuals,  and  intimated  plainly  that  Clin- 
ton of  New  York  would  surely  prevent  its  adoption  in  that 
state.  Lansing  renewed  the  proposal  to  vote  by  states  in  the 
first  branch  of  the  legislature.     Madison  summed  up  a  most 

*  Gilpin,  964  ;  Elliot,  242,  243  ;  Yates  in  Elliot,  i.,450. 
f  Gilpin,  965  ;  Elliot,  243  ;  Yates  in  Elliot,  i.,  450. 
X  Gilpin,  965,  966  ;  Elliot,  244.         «  Yates  in  Elliot,  i.,  450. 
I  Gilpin,  969 ;  Elliot,  245 ;  i.,  451. 


irsr. 


THE  CONNECTICUT  COMPROMISE. 


247 

elaborate  statement  hy  saying :  "  The  two  extremes  before  iia 
are,  a  perfect  separation,  and  a  perfect  incorporation  of  the 
thirteen  states.    In  the  first  case,  the.y  will  be  independent 
m  ions,  subject  only  to  the  law  of  nations;  in  the  last,  they 
will  be  mere  counties  of  one  entire  republic,  subject  to  one 
common  law.     In  the  first,  the  smaller  states  will  have  every- 
thing  to  fear  from  the  larger ;  in  the  last,  nothing.     Their  true 
pohcy,  therefore,  lies  in  promoting  that  form  of  government 
which  will  most  approxhnate  the  states  to  the  condition  of 
coun^es  "_-     Johnson  and  Sherman  and  Ellsworth,  Paterson 
and  Dickinson,  even  at  the  risk  of  union,  opposed  King,  the 
most  eloauent  orator,  Wilson,  the  most  learned  civiHan  and 
Madison,  the  most  careful  statesman,  of  the  convention.     It 
was  in  vam  for  the  smaller  states  to  say  they  intended  no 
mjustice  and  equally  in  vain  for  Madison  to  plead  tliat  the 
large  states,  from  differing  customs,  religion,  and  interests, 
could  never  unite  in  perilous  combinations.   In  the  great  diver- 
sity of  sentiment,  Johnson  could  not  foresee  the  result  of  their 
deliberations;!  and  at  a  later  day  Martin  reported  that  the 
convention  was  "  on  the  verge  of  dissolution,  scarce  held  to- 
gether  by  tlie  strength  of  a  hair."  ^ 

^  To  restore  calm,  Franklin,  just  as  the  house  was  about  to 
adjouni,  proposed  that  the  convention  should  be  opened  every 
morning  by  prayer.  Having  present  in  his  mind  his  own  mar- 
vellous career  from  the  mocking  skepticism  of  his  boyhood,  he 
said:  "The  longer  I  live,  the  more  convincing  proofs  I 'see 
that  God  governs  in  the  affairs  of  men.  I  firmly  believe  that 
^  except  the  Lord  build  the  house,  they  labor  in  vain  that  build 
It.'  Without  his  concuiTing  aid,  we  shall  be  divided  by  our 
httle  local  interests,  succeed  no  better  than  the  builders  of 
Babel,  and  become  a  reproach  and  by-word  to  future  ages. 
What  is  worr.e,  mankind  may  hereafter,  from  this  unfortunate 
instance,  despair  of  establishing  government  by  human  wis- 
dom, and  leave  it  to  chance  and  war."  #  The  motion  was 
avoided  by  adjournment. 

The  concurring  aid  whicli   Franklin  invoked  implied  a 

*  Gilpin,  982  ;  Elliot,  252. 

t  William  Samuel  Johnson  to  his  son,  Philadelphia,  27  Juno  1787 

t  Elliot,  i,,  358.  «  Gilpin,  v§5  ;  Elliot,  253,  254. 


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THE   FEDERAL  CONVENTION-. 


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B.  III. ;  en.  m. 

purification  from  the  dominion  of  selfish  interests.     In  the 
next  meeting  the  members  were  less  absorbed  by  inferior 
motives.*     The  debate  was  opened  by  Johnson.     "  A  state," 
he  said,  "  exists  as  a  political  society,  and  it  exists  as  a  district 
of  individual  citizens.     The  aristocratic  and  other  interests, 
and  the  interests  of  the  states,  mast  be  armed   with  some 
power  of  self-defence.     In  one  branch  of  the  general  govern- 
ment the  people  ought  to  be  represented ;  in  the  other,  the 
states."  t     Gorham   brought  together    arguments  for  union 
alike  from  the  point  of  view  of  small  and  of  large  states; 
and  his  last  word  was :   "A  union  of  the  states  is  necessary  to 
their  happiness,  and  a  firm  general  government  is  necessary 
to  their  union.     I  will  stay  here  as  long  as  any  state  will  re- 
main, in  order  to  agree  on  some  plan  that  can  be  recommended 
to  the  people."  ^ 

"  I  do  not  despair,"  said  Ellsworth ;  « I  still  trust  that  some 
good  plan  of  government  will  be  devised  and  adopted." 

"If  this  point  of  representation  is  once  well  fixed,"  said 
Madison,  "  we  shall  come  nearer  to  one  another  in  sentiment.^ 
The  necessity  will  then  be  discovered  of  circumscribing  more 
effectually  the  state  governments,  and  enlarging  the  bounds  of 
the  general  government.     There  is  a  gradation  from  the  small- 
est corporation  with  the  most  limited  powers  to  the  largest 
empire  with  the  most  perfect  sovereignty.  j|     The  states  never 
possessed  the  essential  rights  of  sovereignty;  these  were  al 
ways  vested  in  congress.     Voting  as  states  in  congress  is  no 
evidence  of  sovereignty.     The  state  of  Maryland  voted  by 
counties.     Did  this  make  the  counties  sovereign  ?     The  states, 
at  present,  are  only  great  corporations,  having  the  power  of 
making  by-laws  not  contradictory  to  the  general  confedera- 
tion.      Ihe  proposed  government  will  have  powers  far  be- 
yond those   exercised  by  the  British  parliament  when   the 
states  were  part  of  the  British  empire. 

^  "The  mixed  nature  of  the  government  ought  to  be  kept 
m  view;  but  the  exercise  of  an  equal  voice  by  unequal  por- 
tions of  the  people  is  confessedly  unjust,  and  would  infuse 

*  Compare  Walter  Scott  in  The  Heart  of  Midlothinn,  vol.  i.,  elian  xlv 
f  «;lpin,_9S7 ;  Elliot,  255.  ^  (jilpin,  980 ;  Elliot.'osr,. 

Elliot, ..,  401.        I  Gilpin,  990 ;  Elliot,  256.     a  y^^.s  in  Elliot,  i.,  461. 


THE  CONNECTICUT  COMPROMISE. 


irsr. 

249 

eTef  A  toM  '^"  --*^^-*--  -Wch  we  wish  to  last  for- 
ever.   A  total  separation  of  the  states  from  each  other  Z 

those  who  naaj  be  accessory  to  cither  can  nevei  be  foriiven 
by  their  country,  nor  by  themselves."  *  ^o^^iven 

als  wkltlardT'ff"'  ''""^^^"'  "^^"  "^^*^  ^^  ^^-d- 
p«  fnlih?  ^^  ^'^'  '''  "'^^^^^  ^^  qualifications  of 
siiffra5'f  J  1  "''''''''  ''"*''  "^'-^^  ^«dif^  their  right  of 

sh^e^^^^^  it       X™ «>-  a  larger,  the  smaller  a  sLlle 
snare  ot  it.    Will  the  people  of  Delaware  be  less  free  if  each 

T  r  f,^\^^"^l  ^''^  -t^  each  citizen  of  PennsylvaS 
The  contest  is  for  power,  not  for  hberty  ^ 

not'lhe^fZrr'  T  ^""  "^  '''''^''''''  ^*  ^--^  -^-^^  tas 
Trtv'  ^r.l^^A.'^r^^^  "«  ^^^«P«^™«  abroad.     This  is  the 

a  government.     As  yet  we 


re  fthe  n.  >  /  "™'"^  """  "  *='"^™'"»'-  ^^  J^t  we 
r„  /;  .  r  """P'"  "'■'=  '"^l"^''''  'o  have  a  Rood  govern 
and  the  d.ftcult.es  greater.  It  is  a  miracle  tl.at  we  are  now 
2  rr'"'  f-, deliberation;  it  would  be  .Xas  ^ 
trust  to  future  miraclce.|  Wo  must  tlierefore  improve  the 
opportun,,,  and  render  the  present  s,stem  as  peS     pot 

eessi  y  of  their  affaire,  will  induce  them  to  adopt  it "  * 

It  was  then  decided,  by  the  six  national  states  to  four 

^v^    st^t      A  '"Tf™  "^  ""  pop"''-"'""  of  the 

tempted  "™'"'  "'  "''^  O^"-™  --  "--  at. 

.  f  "«™rt''  now  put  forth  all  his  strength  as  he  moved  thnt 
m  the  second  branch  the  vote  should  betaken  bv  states  l"! 
confess  that  the  effect  of  this  motion  is  to  make  he  g^ej 
go^rument  partly  federal  and  partly  national.  I  am  ,oTso.!j 
hat  the  vote  just  passed  ha.  determined  against  this  rule  in 
tbe  ii«t  branch;  I  hope  it  will  become  a  ground  of  coi 
prounse  w.th  regard  to  the  second.    On  this  middfe  groun", 

'  t  fiilpin,995;  Elliot,  259. 


*  Yates  in  Elliot,  i..  HU, 


8  Yates  iu  Elliot,  i.,  464. 


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250 


THE  FEDERAL  CONVENTION. 


D.  III. ;  on.  m. 


and  on  no  other,  can  a  compromise  take  place.*     If  the  great 
states  refuse  this  plan,  we  shall  be  forever  separated. 

"  In  the  hour  of  common  danger  we  united  as  equals ;  is 
it  just  to  depai-t  from  this  principle  now,  when  the  danger  is 
over  ?  f  The  existing  confederation  is  founded  on  the  equality 
of  the  states  in  the  article  of  suffrage,  :j:  and  is  declared  to  be 
perpetual.**  Is  it  meant  to  pay  no  regard  to  this  plighted 
faith  ?  I  We  then  associated  as  free  and  independent  states. 
To  perpetuate  that  independence,  I  wish  to  establish  a  national 
legislature,  executive,  and  judiciary ;  for  under  these  we  shall 
preserve  peace  and  harmony."  ^ 

Abraham  Baldwin,  a  native  of  Connecticut,  a  graduate  of 
Yale  college,  for  four  years  one  of  its  tutors,  a  recent  emigrant 
to  Georgia,  from  which  state  he  was  now  a  deputy,  stepped 
forth  to  the  rehef  of  Ellsworth,  saying :  «  The  second  branch 
ought  to  be  the  representation  of  property,^  and  ought  not  to 
be  elected  as  the  first."  J 

''  If  a  minority  will  have  their  own  Avill,  or  separate  the 
union,"  said  Wilson,  on  the  thirtieth,  "let  it  be  done.  I  can- 
not consent  that  one  fourth  shall  control  the  power  of  three 
fourths.  The  Connecticut  proposal  removes  only  a  part  of 
the  objection.  We  all  aim  at  giving  the  general  government 
more  energy.  The  state  governments  are  necessary  and  valu- 
able. Ko  liberty  can  be  obtained  without  them.  On  this 
question  of  the  manner  of  taking  the  vote  in  the  second 
branch  depend  the  essential  rights  of  the  general  govern- 
ment and  of  the  people."  ^ 

Ellsworth  replied  :  "  No  salutary  measure  has  been  lost  for 
want  of  a  majority  of  the  states  to  favor  it.  |  If  the  larger 
states  seek  security,  they  have  it  fully  in  the  first  branch 
of  the  general  government.  But  are  the  lesser  states  equally 
secure?  We  are  razing  the  foundation  of  the  building, 
when  we  need  only  repair  the  roof.**  And  let  it  be  remem- 
bered that  tliese  remarks  are  not  the  result  of  partial  or  local 

*  Gilpin,  990,  997  ;  Elliot,  200.  a  Vntca  in  Elliot,  I.,  465. 

t  Elliot,  i.,  464,  465.  ^  Gilpin,  998 ;  Elliot,  2G0. 

t  Gilpin,  998 ;  Elliot,  200.  ^  Yates  in  Elliot,  i.,  405. 

«  Yates  in  Elliot,  i.  ,405.  ^  Yates  in  Elliot,  i.,  4G0,  46'7. 

P  Gilpin,  998  ;  Elliot,  260.  J  Gilpin,  1003  ;  Elliot,  263. 

**  Gilpin,  1003  ;  Elliot,  263  ;  Yates  in  Elliot,  i.,  468. 


i  S  ^1 


'\'.  \\ 


1787. 


THE  OONNEOTIOUT  COMPROMISE. 


251 

^ews.^In  i„.portance,  the  state  I  represent  holds  a  middle 

nonn     t7  ?  ?  ^ "  defensive  weapons.     But  there  is 

posed  to       ,  ,Ho.tnot  C  «f  dair  T^  bt 

mimhpr  ^f  ^       •  ,  P?^®°*ed  in  one  brancli  aceordino-  to  the 

less  of  its  violation.    Ofirtt  ehte,  Pn      1-  ^^  '"*  ^""'- 
kastable  to  urge  tiais  pk^"'  '  ^™"<^<="™t  '»  Perhaps 

stote  d.,ri„<-  tlio  w^r  ,„  ?  ,  •  ,  "  ^■■''''t  exertions  of  my 
The  .nnsterro  s  Z  ZTi^Itl  T,  """  "'"'  '"™^>'- « 
field  than  oven  the  "„  'Tf  Y  g  H  j 'wnt'^T  "  *^ 
nerve  to  raise  them ;  and  we  IS  11,  '"^""=''  ''™"'J' 
1     o<.ui  quotas.     -Ihis  extraordinary  e.TOrtion  has 

*  Gilpin,  1004  ;  Elliot,  264. 

t  Vates  In  Elliot,  I.,  4(lK  41111  x  „.,  . 

*  Yates  in  Elliot  i .  466      The  d.t.  •    v  \"'''  ''''  '  ^"'«''  ^64. 
i  «ilpin,  1006  ;  El  ot  264     6,         "     frT  "  ''  '""^• 

VOL.  vj,-i8  *  ^""  '"  ^"'^'^  "•.  4»^y- 


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252 


THE  FEDERAL  CONVENTION. 


B.  III. ;  cii.  in. 


greatly  impoverislied  us,  and  has  accumulated  our  state  debts  • 
but  we  defy  any  gentleman  to  show  that  wq  ever  refused  a 
federal  requisition.  If  she  has  proved  delinquent  through  ina- 
bility only,  it  is  not  more  than  others  have  been  without  the 
same  excuse.  It  is  the  ardent  wish  of  the  state  to  strengthen 
the  federal  government."  * 

Davie  of  North  Carolina,  breaking  the  phalanx  of  national 
states,  preferred  the  proposition  of  Ellsworth  to  the  propor- 
tional representation,  which  would  in  time  make  the  senate  a 
multitudinous  body.f     Connecticut  had  won  the  day. 

Startled  by  the  appearance  of  defeat,  AVilson  hastily  offered 
to  tlie  smallest  states  one  senator,  to  the  others  one  for  every 
hundred  thousand  souls.  This  exp(  dient  Franklin  brushed  aside, 
saying :  "  On  a  proportional  representation  the  small  states  con- 
tend that  their  liberties  will  be  in  danger ;  with  an  equality  of 
votes,  the  large  states  say  their  money  will  bo  in  danger.  A  join- 
er, when  he  wants  to  lit  two  boards,  takes  a  little  from  both."  ^ 
And  he  suggested  for  the  several  states  a  like  number  of  dele- 
gates to  the  senate,  with  proportionate  votes  on  financial  sub- 
jects, equal  votes  on  questions  affecting  the  rights  of  the  states. 
King  inveighed  against  the  "  phantom  of  state  sovereign- 
ty : "  "  If  the  adherence  to  an  equality  of  votes  is  unalterable, 
wo  are  cut  asunder  already.  My  mind  is  prepared  for  every 
event,  rather  than  to  sit  down  under  a  government  which 
must  be  as  short-lived  as  it  would  be  unjust."  * 

Dayton  replied  :  "  Assertion  for  proof  and  terror  for  argu- 
ment, however  eloquently  spoken,  will  have  no  effect.  It 
should  have  been  shown  that  the  evils  we  have  experienced 
proceeded  from  the  equality  of  representation." 

"The  plan  in  its  present  shape,"  said  Madison,  "makes 
the  senate  absolutely  dependent  on  the  states ;  it  is,  therefore, 
only  another  edition  of  the  old  confederation,  and  can  never 
answer.  Still  I  would  preserve  the  state  rights  as  carefully  as 
the  trial  by  jury."  || 

*  Yates  in  Elliot,  i.,  469,  470. 

f  Gilpin,  1007 ;  Elliot  268,  266  ;  Yntcs  in  Elliot,  i.,  470 ;  Paterson  MS. 
t  Gilpin,  1009;  Elliot,  266;  Yatea  in  Elliot,  I.,  471. 

*  Gilpin,  1010,  1011  ;  Elliot,  266,  207. 

i  Gilpin,  1012;  Elliot,  267  ;  Yates  in  Elliot,  i.,  471. 


1787. 


THE  OONIJEOTIOUT  COMPROMISE. 


253 

Bedford  scoffed  at  Georgia,  proud  of  hor  future  greatness ; 
at  South  Carolina,  puffed  up  with  wealth  and  negroes;  at  the 
great  states,  ambitious,  dictatorial,  and  unworthy  of  trust  •  and 
dehed  them  to  dissolve  the  confederation,  for  ruin  would' then 
stare  them  in  the  face.* 

To  a  question  from  King,  whether  by  entering  into  a  na- 
tional government  he  would  not  equally  participate  in  national 
security,  Ellsworth  answered  :  "I  confess  I  should ;  but  a  gen- 
eral government  cannot  know  my  want.,  nor  relieve  my  dis- 
tress.  I  depend  for  domestic  happiness  as  much  on  my  state 
government  as  a  new-born  infant  depends  upon  its  mother  for 
nounshment.     If  this  is  not  an  answer,  I  have  no  other  to 

On  the  second  of  July  five  states  voted  with  Ellsworth  for 
equal  suffrage  in  the  senate  ;  five  of  the  six  national  states  an- 
swered No.  All  interest  then  centred  upon  Georgia,  the  sixth 
national  state  and  the  last  to  vote.  Baldwin,  fearing  a  disrup- 
tion of  the  convention,  and  convinced  of  the  hopelessness  of 
assembling  another  under  better  auspices,  dissented  from  his 
colleague,  and  divided  the  vote  of  his  state.  So  the  motion 
was  lost  by  a  tie  ;t  but  as  all  believed  that  New  Hampshire 
and  Ehode  Island,  had  they  been  present,  would  have  voted 
with  Connecticut,  the  convention  moved  rapidly  toward  its 
inevitable  decision. 

For  a  moment  Charles  Pinelaiey  made  delay  by  callino-  up 
his  scheme  for  dividing  the  United  States  into  northern,  mid- 
dle, and  southern  groups,  and  apportioning  the  senators  be- 
tween the  three ;  *  a  measure  which,  with  modifications,  he  re- 
peatedly brought  forward. 

Cotesworth  Pinckney  liked  better  the  motion  of  Franklin, 
and  proposed  that  a  committee  of  one  from  each  state,  taking 
into  consideration  both  branches  of  the  legislature,  sliould  devise 
and  report  a  compromise.  ||  «  Such  a  committee,"  said  Sher- 
man, "  is  necessary  to  set  us  right."  ^ 

Gouverneur  Morris,  who,  after  a  month's  absence,  had  just 
returned,  spoke  abruptly  for  a  senate  for  life  to  be  appointed 


*  Gilpin,  1012-1014;  Elliot,  2G8. 
f  Yates  in  Elliot,  i.,  473,  474. 
t  Gilpin,  1016:  Elliot,  269,  270. 


*  Gilpin,  1017;  Elliot,  270. 

I  Ibid. 

^  Yates  in  Elliot, !..  47 


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264 


THE  FEDERAL  CONVENTION.  B.iii.tcH.m. 


by  the  executive ;  *  but  the  committee  was  ordered  by  a  great 
majority ;  and  the  house  showed  its  own  inclination  by  select- 
ing Franklin,  GeiTy,  Ellsworth,  Yates,  Paterson,  even  Bedford 
and  Martin,  Mason,  Davie,  Rutledge,  and  Baldwin.  To  give 
thein  time  for  their  task,  and  to  all  the  opportunity  of  cele- 
brating the  anniversary  of  independence,  the  convention  ad- 
journed for  three  days,  f 


*  Gilpin,  1019,  1020;  Elliot,  271,  272. 


t  Gilpin,  1023,  1024  ;  Elliot,  273. 


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1787. 


THE  ADJUSTMENT  OF  REPRESENTATION. 


255 


i<    IB' 


CHAPTER  ly. 

THE  ADJUSTMENT  OP  EEPKESENTATION. 
IkOM   the    TiriEn   Tn   'HIT.    T",  m 

-I  HIED  TO  J  HE  Iwenty-Thikd  of  July  1787 

for  now  states  was  considered,  bnt  was  left  to  tbeTonv  ntt  n 
The  committee  have  exceeded  their  powere  "iZTwh 
Tntiln'^'MaT'  °"  '"■'  '^^«''  <'^"™-'>  "oitTttln: 

Site  tt  '^"^h'"i  '"  ^'■^-"^  '^  ^^  condris 
:!.t::  ^™rt:  etSthfhre- ;'tr  ''''-'-^^ 

cannot  annihilate  the  serpents  bt  I.  T"""''''-    "^^ 

their  teefl,  *    «,         ^'"^P«"'f'  "nt  we  may  perhaps  take  out 

s«:sri';om':''°Lt^i:{r.r  •'  ''^  ^■"^"- 

York  and  Pennsylvania    ?f  J  7  ''^  "P'"'™^  °*  ^^^ 

-switbtbe-x.^:~:^-rz:^^s:r4 


*  Yates  in  E»18ot,  i.,  478. 
f  Martin  in  Kttiot,  i.,  358. 
t  Gilpin,  1026 ;  Elliot,  274. 


*  Gilpin,  1028;  Elliot,  276. 
I  Gilpin,  1028;  Elliot,  276. 
^Gi'.r-ia,  1030;  Eiiiot,  277. 


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256 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  IV. 


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will  make  the  weaker  traitors,  and  hang  them.  The  larger 
states  are  the  most  powerful ;  they  must  decide."  *  Ellsworth 
enforced  the  necessity  of  compromise,  and  saw  none  more  con- 
venient or  reasonable  than  that  proposed  by  the  committee,  f 

"  We  are  neither  the  same  nation,  nor  diiferent  nations," 
said  Gerry ;  "  we  therefore  ought  not  to  pursue  the  one  or  the 
other  of  these  ideas  too  closely.     Without  a  compromise  a  se- 
cession will  take  place,  and  the  result  no  man  can  foresee." 
"There  must  be  some  accommodation  on  this  point,"  said 
Mason,  "  or  we  shall  make  little  further  progress  in  the  work. 
It  cannot  be  more  inconvenient  to  any  gentleman  to  remain 
absent  from  his  private  affairs  than  it  is  for  me ;  but  I  will  bury 
ray  bones  in  this  city  rather  than  expose  my  country  to  the 
consequences  of  a  dissolution  of  the  convention  without  any- 
thing being  done."  :|: 

A  throng  of  questions  on  representation  thrust  themselves 
into  the  foreground.     Gouverneur  Morris  objected  to  the  rule 
of  numbers  alone  in  the  distribution  of  representatives.     "  Kot 
liberty,"  said  he;   "property  is  the  main  object  of  society. 
The  savage  state  is  more  favorable  to  Hberty  than  the  civilized, 
and  was  only  renounced  for  the  sake  of  property.     A  range  of 
new  states  will  soon  be  formed  in  the  West.    The  rule  of  rep- 
resentation ought  to  be  so  fixed  as  to  secure  to  the  Atlantic 
states  a  prevalence  in  the  national  councils."    Eutledge  re- 
peated :  "  Property  is  certainly  the  principal  object  of  society. 
If  numbers  should  be  the  rule  of  representation,  the  Atlantic 
states  will  soon  be  subjected  to  the  western."     "  If  new  states," 
said  Mason  and  Randolph,  "make  a  part  of  the  union,  they 
ought  to  be  subject  to  no  unfavorable  discriminations."  # 

On  the  morning  of  the  sixth,  Gouverneur  Morris  moved  to 
refer  the  ratio  of  representation  in  the  popular  branch  to  a 
committee  of  five.  ||  Wilson,  who  still  strove  to  defeat  the 
compromise  between  the  federal  and  the  national  states,  sec- 
onded the  motion.  In  the  distribution  of  representatives, 
Gorham  thought  the  number  of  inhabitants  the  true  guide. 
"  Property," said  King,  "is  the  primary  object  of  society,  and, 


i      I     V' 


*  Patcrson  MSS, 

f  Gilpin,  1032 ;  Elliot,  i18. 

t  Gilpin,  1032,  1033 ;  Elliot,  278. 


»  Gilpin,  1034,  1036;  Elliot,  278,  279. 
I  Gilpin,  1036,  1039;  Elliot,  280,  281. 


i78r. 


THE  ADJUSTMENT  OF  liEPRESENTATION. 


257 

in  fixing  a  ratio,  ought  not  to  be  excluded  from  the  estimate  "  * 
Property"  said  Uutler,  "is  the  only  just  measure  of  repre- 
Bentation."t  To  Charles  Pinekney  the  number  of  inhabitants 
n!>peared  the  true  and  only  practicable  rule^  and  he  acquiesced 
m  counting  but  three  fifths  of  the  slaves.  The  motion  of  Morris 
was  earned  by  New  England,  Pennsylvania,  and  tlie  four  south- 
ernmost slaveholding  states.  Gouvenieur  Morris,  Gorham 
Ran,  olph,  Eutledge,  and  King,  were  chosen  the  committee. 

Jn  the  seventh  the  clause  allowing  each  state  an  equal 
vote  m  the  senate  was  retained  as  part  of  the  report  by  six 
8..ces  against  three,  New  York  being  present  and  voting  with 
the  )najonty,  Massachusetts  and  Georgia  being  divided 

J'he  number  and  distribution  of  tiie  members  of  the  first 
branch  of  the  legialature  in  the  first  congress,  the  rule  for 
evovy  f,uure  congress,  the  balance  of  legislative  power  between 
th.  .outh  and  the  North;  between  the  carrying  states  which 
a^ked  for  a  retaliatory  navigation  act  and  the  planting  states 
which  desired  free  freight  and  free  trade  ;  between  the  origi- 
nal states  and  new  ones;  the  apportionment  of  representation 
according  to  numbers  or  wealth,  or  a  combination  of  the  two  • 
the  counting  of  all,  or  three  fifths,  or  none,  of  the  slaves  ;  the 
equal  suffrage  in  the  senate-became  the  subjects  of  motions 
and  counter-motions,  postponements  and  recalls.     To  unravel 
the  tangled  skein  it  is  necessary  to  trace  each  subject  for  itself 
to  its  preliminary  settlement. 

On  the  ninth  Gouverneur  Morris  presented  the  report  of 
the  committee  of  five.     It  changed  the  distribution  of  repre- 
sentation in  the  first  congress  to  the  advantage  of  the  South  • 
for  the  future,  no  one  opposing  except  Randolph,  it  author- 
ized, but  purposely  refrained  from  enjoining,  the  legislature 
from  time  to  time,  to  regulate  the  number  of  representatives 
ot  each  state  by  its  wealth  and  the  number  of  its  inhabitants  # 
"The  report,"  said  Sherman,  "corresponds  neither  with 
any  rule  of  numbers,  nor  any  requisition  by  congress  ;  "  ||  and 
on  his  motion  its  first  paragraph  was  referred  to  a  committee 
of  one  member  from  each  state.^     Gouverneur  Morris  sec- 


*  Gilpin,  1037;  Elliot,  280. 
f  Gilpin,  inaS;  Elliot,  281. 
J  Gilpin,  1039;  Elliot,  281. 


*  Gilpin,  1051,  1052;  Elliot,  287,  288. 
J  Gilpin,  1052  ;  Elliot,  288. 
197. 


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258 


THE  FEDERAL  CONVENTION. 


B.  III. :  OH.  IT, 


onded  and  Randolph  approved  the  motion.*    Paterson  could 

regard  negro  slaves  iu  no  light  but  as  property ;  to  grant  their 

masters  an  increase  of  representation  for  them  he  condemned 

as  an  indirect  encouragement  of  the  slave  trade. f     Madison 

revived  his  suggestion  of  a  representation  of  free  inhabitants 

in  the  popular  branch ;  of  the  whole  number,  including  slaves, 

in  the  senate;  which,  as  the  special  guardian  of  property, 

would  rightly  be  the  protector  of  property  in  slaves.  $     «  The 

southern  states  are  the  richest,"  said  King,  who  yet  should 

have  known  that  they  were  not  so,  or  perhaps  was  thinking 

only  of  the  exports  of  the  country  j  "they  will  not  league 

themselves  with  the  northern  unless  some  respect  is  paid  to 

their  superior  wealth.     The  North  must  not  expect  to  receive 

from  the  connection  preferential  distinctions  in  commerce 

without  allowing  some  advantage  in  return."  # 

The  committee  of  one  from  each  state  on  the  very  next 
morning,  the  tenth  of  July,  produced  their  well-considered  re- 
port.    The  committee  of  five  had  fixed  the  number  of  repre- 
sentatives at  fifty-six ;  or  thirty  from  the  North,  twenty-six 
from  the  South ;  and  Maryland  and  Virginia  had  each  given 
up  one  member  to  South  Carolina,  raising  her  number  to  five.| 
In  the  confederacy  each  state  might  send  to  congress  as 
many  as  seven  delegates,  so  that  the  whole  number  in  congress 
might  be  ninety-one.     This  number  was  adopted  for  the  new 
constitution  :  as  there  were  to  be  two  branches  of  the  legisla- 
ture, two  members  for  each  state  were  assigned  to  the  branch 
representing  the  states,  the  remaining  sixty-five  were  assigned 
to  the  popular  branch.     Thirty-five  were  parcelled  out  to  the 
North,  to  the  South  thirty.    Of  the  new  members  for  the 
South,  two  were  allotted  to  Maryland,  one  to  Virginia,  and 
one  to  Georgia.     In  this  way  Connecticut,  North  Carolina, 
and  South  Carolina,  having  each  five  votes  in  the  popular 
branch,  retained  in  the  house  exactly  one  thirteenth  of  all  the 
votes  in  that  body,  and  so  would  hold  in  each  branch  exactly 
the  same  relative  power  as  in  the  confederacy.     The  first  nen- 
sus  established  the  justice  of  this  relative  distribution  between 

*  Gilpin   1064 ;  Elliot,  288,  289.  ^  ^ilpin,  1055  ;  Elliot,  289,  290. 

f  Gilpin,  1055  ;  Ellioc,  289.  »  Gilpin,  1056  ;  Elliot,  290 

11  Gilpin,  1062,  1063;  Elliot,  293;  Elliot,  i.,  197,  198. 


IW?.  THE  ADJUSTMENT  OF  EEPEESENTATION.  259 

ytl  n'^  r'  ^r?''  *""^*'  ^*™  '^'  South,  Georgia 
and  South  Carohna  had  each  at  least  one  more  than  ite  sha.!. 

ihe  hnal  division  was  approved  by  aU  except  South  Caro- 
lina and  Georgia;  and  these  two  favored  states  now  openedt 

ills  •         "'""P^l"™  &«■»  t^  >^  to  two  menibei-s,  pleading 
Its  deficiency  in  population  and  its  poverty  *  ^ 

proceedfd-TlfTr'^""^"''  "«'^''  "^  ^''^  nampshire, 
proceeded .     The  difference  of  interests  lies  not  between  the 

great  and  small  states,  but  between  the  southern  and  e" 

For  this  reason  I  have  been  ..ady  to  yield  sometUngt  2 

proportion  of  representatives  for  the  siurity  of  the  Suthem 

I  am  not  averse  to  yielding  more,  but  do  not'see  Iw     et^ 

done     rhey  are  brought  as  near  an  eqnahty  as  is  possible  •  no 

principle  wiU  justify  giving  them  a  majority."  f    Cotesworth 

Pinckney  replied:  "If  the  southern  stais  L  to  be  in  eira 

mnority,  and  the  regulation  of  trade  is  to  be  given  to  the  gen 

eral  government,  they  will  be  nothing  more  thaa  overseen  for 

aLdtr;!"":  "rt-P-ttie  southemsL'^Tot 
raised  b>  a  majonty  of  the  representatives ;  but  I  wish  them 
to  have  something  like  an  equality."  Eandkh,  JX2Z 
opinions  of  Eieharf  Henry  tee  and  of  Mason  a^^dl^  S 
own,  aumonnced  that  he  had  it  in  contemplation  ^"0™^ 
more  tlian  a  bare  majority  of  votes  for  laws  ^gulating  trade 

For  reducing  New  Hampshire  none  voted  tot  Softh  Ca;o. 
hna  and  Georgia.  |  There  followed  successive  motionMo  .It 
one  additional  vote  to  each  of  the  three  southernmost  s.,ae7 
They  were  all  lost ;  Georgia  alone  obtaining  the  voice  of  Vi^ 

On  that  day  Robert  Yates  and  John  Lansing  of  >J-ew 
lork  were  on  the  floor  for  the  last  time.    The  govem;r  oT 
theiP  state  had  unreservedly  declared  that  no  goj  wrto  be 
expected  from  the  deliberations  at  Philadelphial  that  I  con 
fedmtion  on  moio  full  experiment  might  be  f^nd  to  ansZ 

tLuS"^.1  "^^  '™™-*    ^''^  «""^  '^>"'=''  had  borne 
itBelf  with  unselfish  magnanimity  through  the  war  of  the  revo- 


'  ■     e  ■  ■  ■ ; 

i" '^'  ' ' 

ll?,;':'. 

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260 


TDE  FEDERAL  CONVENTION. 


lution  bad  fallen  under  ilie  sway  Oi  factious  selfishness.  Yield- 
ing to  this  influence,  Yates  and  Lansing,  renouncing  the  path 
to  glory  and  the  voice  of  duty,  deserted  their  post,  leaving  to 
the  South  the  power  to  mould  the  commercial  policy  of  the 
union  at  its  will.  Hamilton,  being  left  alone,  bad  no  vote,  and 
from  this  day  to  the  end  was  absent  more  than  half  the  time, 
taking  very  little  part  in  the  formation  of  the  constitution. 

In  the  convention,  from  its  organization  to  its  dissolution, 
there  was  always  a  majority  of  at  least  one  on  the  side  of  the 
southern  states.  After  the  defection  of  New  York  the  propor- 
tion remained  six  to  four  till  New  Hampshire  arrived. 

Slavery  in  the  United  States  was  a  transient  fonu,  not  an 
original  element  of  their  colonization,  nor  its  necessary  out- 
growth. In  the  division  between  northern  and  southern  states 
the  criterion  was,  whether  a  state  retained  the  power  and  the 
\n\\  by  its  own  inward  energy  to  extricate  itself  from  slaveiy. 
Seven  liad  abolished,  or  were  preparing  to  abolish  it.  Madison  * 
and  others  counted  the  southern  states  as  no  more  than  five ; 
but  Delaware,  like  all  south  of  it,  gave  signs  of  being  not  equal 
to  the  high  endeavor  of  setting  all  its  bondmen  free ;  and  its 
votes  in  the  convention  prove  that  it  was  rightly  classed  by 
Dayton  f  with  the  South.  The  boundary  between  the  two 
sections  was  Mason  and  Dixon's  line.  Pennsylvania,  purely 
popular,  without  family  aristocracies  or  the  ascendency  of  any 
one  form  of  religion,  first  in  agriculture  and  commerce,  and 
not  surpassed  in  ship-building,  stood  midway  between  six 
northern  states  and  six  southern  ones,  the  stronghold  of  an  undi- 
vided, inseparable  federal  republic. 

The  abolition  of  slavery  in  the  North,  which  was  aided  by 
the  long  British  occupation  of  Boston,  Rhode  Island,  and  New 
York,  had  not  been  accomplished  without  a  quickening  of  con- 
science on  the  wTongfulness  of  hereditary  bondage  and  its  incon- 
sistency with  the  first  principles  of  American  polity.  By  the 
act  of  Pennsylvania  of  1780  for  the  gradual  abolition  of 
slavery,  persons  merely  sojourning  in  the  state  were  permitted 
to  retain  their  slaves  for  a  tqjpiTi  of  six  months ;  delegates  in 
congress  from  other  states,  foreign  ministers  and  consuls,  as 
long  as  they  continued  in  their  public  characters.     The  right  of 

*  Gilpin,  1104  ;  Elliot,  815.  f  Gilpin,  1068  ;  Elliot,  291. 


t:il 


nsr.  THE  ADJUSTMENT  OF  EEPEESENTATION.  261 

MnT"?  °^  *«'=''-*"gd.veB  to  take  them  away  remained  as 
before.    But  the  reeovery  of  a  slave  through  the  interposition 

fit  I  ™  '^"^"^  "*■>  ^''^  V  self-appointed  aients  •  * 
and  the  southern  master  sometimes  had  no  relief  but  to  seize  the 
runaway  and  bring  him  baek  to  bondage  by  foree. 

Abolition  anu  manumission  societies  were  formed  in  various 
parts  of  he  North.    Of  one  of  these  Hamilton  was  the  3 

Si  thif7'     P™',","'^  ^*^''  ^-  ^™g^'«°  for  associates. 
Just  at  this  time  Franklm  was  elected  president  of  the  society 

1™T'^  r""    ^"^^  ''^"papers  of  all  parties  at  the  Nor  h 
teemed  with  essays  against  slavery.    The  opposition  to  it  p.; 

brightest  among  those  of  extreme  democratic  tendencies. 

were  admLd  r'*;*  T  '^  ^'"'''^  """"'"^  <>*  *e  Quaker 
were  admitted  to  the  floor  f  of  congress,  and  dehvered  their 

address  entreat  „g  that  body  to  me  its  influence  for  2  go^ 
ml  abohtionof  theslave-ti^de,  and  in  severul  later  yelTe 
meetmg  renewed  the  peti-.Mn.J  '  The  Pi-esbyterian  synod 
which  met  at  Philadelphia  in  the  same  week  a.  the  fede Xn- 
vention  resolved  "to  procure  oventnaUy  the  final  aboUtion  of 
flS'l  ™"  !  7'^  Ponnsylvama  Abohtion  Society 
ttj.  .  .?  rj""  *°  "''  convention  to  suppress  the  slave 
trade,!  though,  from  motives  of  prudence,  ii  was  not  pri 

This  conspicuous  action  at  the  North  on  the  slave-trade  and 

buTZtT'^^^T  ^"""^  "'"''  '""P"  "'  -  eo:.isohdateS 
but  for  the  wide  distinction  between  those  states  that  were  C 

remote  from  the  West  Indies  a^d  those  that  lay  nlarer  Z 

North ;  between  the  states  which  planted  indigolS  rice  and 

hose  which  cultivated  by  slave  labor  mai.eLd  whea    and 

tobacco;  between  Georgia  and  South  Carolina  which  had  ever 

been  well  affected  to  the  slave-trade,  and  the  great  slavehoM- 

♦  D.n.,,  i.,  1,9,  ,80 ;  a,  224,  t  J„„,,,,  „,  congrc,  iv    2S9 

t  AddreM  presentod  8  October  1,83,  MS..  ..  Slat.  DcM    vf,    oj  SI 
..™.ce,  and  Addre™.  S3.,  Leltc,- 1„  R.  n.  Le.,  Prosld.    ,  i,  jll.'^r: 
1W.347.    S«  ih.  MS.  IWds  ot  Iho  Frtad.,  20  Oo..bcr'„e6,  .„d  Oci*er' 

^^^•AoB  and  P,-ocecding.  of  the  Sjnod  of  Now  York  and  PLiladclpLia,  ..  „. 

I  Pern  raolot  of  U  febru.,,  1788,  Indcpcndonl  GazcttMr  of  7  March  ,788. 


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262 


THE  FECEUAL  CONVENTION. 


ing  state  to  the  north  of  them  wliicli  had  wrestled  with  England 
for  its  abolition. 

In  the  tliree  northernmost  of  the  southern  states  slavery 
maintained  itself,  not  as  an  element  of  prosperity,  but  as  a  bale- 
ful inheritance.  The  best  of  the  statesmen  of  Virginia,  without 
regard  to  other  questions  which  divided  them,  desired  its  aboli- 
tion— alike  Washington,  Richard  Henry  Lee,  Jefferson,  Ran- 
dolph, Madison,  and  Grayson.  George  Mason  had  written  to 
the  legislature  of  Virginia  against  it  with  the  most  terrible  in- 
vectives and  gloomiest  forebodings. 

This  comparative  serenity  of  judgment  in  Virginia  was 
shared,  though  not  completely,  by  North  Carolina,  of  whose 
population  three  parts  out  of  four  were  free,  and  whose  upland 
country  attracted  emigrants  by  its  fertility,  salubrity,  and  beauty. 
The  difference  between  the  two  classes  of  slave  states  was 
understood  by  themselves,  and  was  a  guarantee  that  questions 
on  slavery  would  neither  inflame  nor  unite  them.  Virginia 
and  North  Carolina  held  tlic  balance  of  power,  and  knew  how 
to  steer  clear  of  a  fatal  colUson. 

The  preliminary  distribution  of  representatives  having  been 
agreed  upon,  Gouverneur  Morris  on  the  ninth  desired  to  leave 
the  control  of  future  changes  to  the  national  legislature.* 
Perceiving  peril  in  confiding  so  vast  a  discretion  to  those  who 
might  be  tempted  to  keep  to  themselves  an  undue  share  of 
legislative  power,  Randolph,  following  the  precedent  of  1781,  on 
the  tenth  insisted  on  an  absolute  constitutional  requirement  of 
a  census  of  population  and  an  estimate  of  wealth,  to  be  taken 
within  one  year  after  the  first  meeting  of  the  '  ^'jslature,  and 
ever  thereafter  periodically ;  and  that  the  representation  should 
be  arranged  accordingly.! 

Gouverneur  Morris,  supported  by  King  and  others,  resisted 
this  "  fettering  of  the  legislature,"  by  which  a  preponderance 
might  be  thrown  into  the  western  scale.  In  various  debates  it 
was  urged  by  Morris  and  King  and  others  that  the  western 
people  would  in  time  outnumber  those  of  the  Atlantic  states, 
while  they  would  be  less  wealthy,  less  cultivated,  less  favorable 
to  foreign  commerce,  and  less  willing  to  bide  the  right  moment 
for  acquiring  the  free  navigation  of  the  lower  Mississippi; 

*  Gilpin,  1062  ;  Elliot,  28S.  f  Gilpin,  1063  ;  Elliot,  293. 


* 


irsr.  TUE  ADJUSTMENT  OF  KEPKESENTATION.  263 

that  the  busy  h^nts  of  men  are  the  proper  school  for  stat.. 
men;  that  the  member  from  the  blck  country  are  awt 

shonld  get  the  power  mto  their  hands,  they  would  n,in  the 
Atlantic  m terests ;  and  therefore  that,  in  every  future  e^  it 
We  ong,nal  states  should  keep  the  majority  i„  S^ 

To  this  Mason  repUed:  "  A  revision  from  time  to  time 
aecordmg  to  some  permanent  and  precise  standard,  is  »sent Li 
to  fair  representation.  According  to  the  present  p™ nSn  of 
Amenca,  the  northern  part  of  it  has  a  right  to  p~  ™te 
^d  I  camiot  deny  it.  Hut,  unless  there  shall  be  inser^IlTn 
the  eonsftution  some  principle  which  will  do  jus  iee  l^^il  e 
senthem  states  hereafter,  when  they  shall  have  three  fo,mhs 

vote  for  the  system  here  nor  support  it  in  mv  state  Tl,» 
western  states  as  they  arise  must  be  treated  asZ  s  or  tlv 
Jll  speedily  revolt.  The  number  of  inhabitants"'  a  Iffl! 
oiently  precise  standard  of  wealth  "t 

t.;,'^?T"''"  ""'^  K»"<lolph,  "have  pledged  the  public 
fa.thtothe  new  states  that  they  shall  be  admitted  on  eZl 

Sr"t  'jr"7"''  ""'^  "--  o^'gl^t  to  accede  onTn; 
mT:  i  r  '^''""'"^"^ted  tut  no  distinctions  nnfavor 

S:::r;^^r  ""'^^  -"''  ^''"'^""^'  '^"'-  -■"  p°'»'  °^ 

By  a  vote  of  seven  to  three  the  first  legishture  under  the 
new  eonst.tut.on  was  required  to  provide  for  a  cen«,s;  a 
penodieal  census  ever  ^ter  was  then  accepted  without  a  divi- 
sion.  Its  penod,  first  fixed  at  fifteen  yeai^,  after  repeated  de- 
bates, was  reduced  to  ten.^  i^txu  ae 

Yet  an  ineradicable  dread  of  the  coming  power  of  the 
setts.  On  the  fourteenth,  only  three  days  after  the  subject 
moved  that  the  representatives  of  new  states  should  never  coN 


•GJpin,  1063,  1094,  1012,  Elliot,  294  293 
t  Gilpin,  1066,  1066  ;  Elliot,  294,  295, 
t  Gitpitl,  1067 ;  Elliot,  296. 


*  Gilpin,  lOM  ;  Elliot,  299, 
I  Gilpin,  lOM ;  Elliot,  801, 
*C.ipin,  1086  j  Elliot,  305. 


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264 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  r7. 


^   :i 


j  ! 


i    t' 


/,.-! 


: 


lectively  exceed  in  number  the  representatives  from  such  of 
the  old  tliirteen  states  as  should  accede  to  the  new  confedera- 
tion.*   The  motion  came  from  New  Eng^-nd  ;  and  from  New 
England  came  the  reply.     "  We  are  providing  for  our  posteri- 
ty," said  Sherman,  who  had  taken  the  principal  part  in  secur- 
ing  to  Connecticut  a  magnificent  reserve  of  lands  in  northern 
Ohio.     "  Our  children  and  our  grandchildren  will  be  as  likely 
to  be  citizens  of  new  western  states  as  of  the  old  states."  f    His 
words  were  lost  upon  his  own  colleagues.    The  motion  was 
defeated  by  the  narrowest  majority,  Massachusetts  being  sus- 
tained by  Connecticut,  Delaware,  and  Maryland,  against  New 
Jersey  and  the  four  southernmost  states,  Pennsylvania  being 
divided. :{:    The  vote  of  Maryland  and  Delaware  was  but  the 
dying  expression  of  old  regrets  about  the  proprietaryship  of 
western  lands,  from  which  they  had  been  excluded ;  that  of 
Massachusetts  sprung  from  a  jealousy  which  grew  stronger 
with  the  ever-increasing  political  power  of  the  South-west. 
But  in  spite  of  renewed  murmurs  the  decision  was  never  re- 
versed. 

The  final  concession  on  the  representation  for  slaves  pro- 
ceeded from  North  Carolina.  On  the  eleventh  of  July,  Wil- 
liamson accepted  for  the  permanent  basis  the  free  inhabit- 
ants and  three  fifths  of  all  others.*  Randolph  agreed  to  the 
amendment.  On  the  instant  Butler  and  Cotesworth  Pinckney 
demanded  that  the  blacks  should  be  counted  equally  with  the 
whites.  I 

New  York,  New  Hampshire,  and  Rhode  Island  not  being 
on  the  floor,  the  southern  states  were  left  with  ample  power 
to  settle  the  question  as  they  pleased.  "  The  motion,"  said 
Mason,  "  is  favorable  to  Virginia,  but  I  think  it  unjust.  As 
slaves  are  useful  to  the  community  at  large,  they  ought  not  to 
be  excluded  from  the  estimate  for  representation ;  I  cannot, 
however,  vote  for  them  as  equals  to  freemen."  ^  On  the  ques- 
tion, Delaware  alone  joined  South  Carolina  and  Georgia. 

Rutledge  next  insisted  on  proportioning  representation  pe- 
riodically according  to  wealth  as  well  as  population.     This  was 


*  Gilpin,  1095  ;  Elliot,  310. 
t  Ibid. 
t  Ibid. 


*  Gilpin,  1066  ;  Elliot,  295. 
B  Gilpin,  1067  ;  Elliot,  296. 
^  Gilpin,  1068 ;  Elliot,  296. 


1787. 


THE  ADJUSTMENT  OF  REPRESENTATION. 


265 

no  finhqfinfioi  ^K-  \'  „         "fci  ""«'"iug.       -iMaaison  saw 

lemma  of  doing  inius&e  to  S^ ',  "^  ""^""^  ">  ^l'"  '^'• 
nature,  and  I  LJdot  t^°h  '  W  ^"^  T!' ^  *»  '"™- 
give  such  e„coun,go.„ent  to  the  Zt^;  eTru  &n 
by  ^Wms  them  a  representation  for  their  ne^es^.    ^™'' 

elements  of  representation  r^.r4^^^^\   ^  ^  *^^®"^'  ^ 
P,,f  V    •  •  '''^'^f  ^J^'^ation,  partially  coalesced  ;  and  Conneofi 
cut,  Virginia,  and  North  Carolina,  though  aided  bv  rT. 
were  outvoted  b,  Massachusetts,  W  Wy  Pen^^^^^^^ 
Delaware,  Maryland,  and  South  Carolina  11  ^^^^y^^ania, 

oJ^T^'^'f^^f''  ''  '^^  adjournment  was  not  sodan^r- 
ous  as  it  seemed.     ViriO'inia  xirifi^  „       -i.  j    i  ,  udnger- 

rashly  undertoolc  to  build  a  bridge  over  the  chasm     To  th»t 

plt?'T''  *'"  "-t-"™!"?  that  taxation  luldbt 
proportion  to  representation  a    h;,  ^o^^  „^       "ml     ' 

tending  to  every  branch  of  revenue  ^        ' 

scol''d',rhe7r,"""r^''''l>^"'I'™''-     South  Carolina 

t.>epropo3alofGouverneurCl=l„:rel^:rtr,:i:! 

*  Gilpin,  1071 :  Elliot  297  «  o-i  . 

t«"pln;iO,4;Em:.;S  •«;'P.n..0",Emo.,30.. 

tGi,piM076;EU».3»  'G„p;n,l««,Emo,,302. 

JGilpin.lOM,  1080;  Elliot,  302. 


'^b' 

i 

I 

1 

■    -ii 

B^K''^ 

1    'i' 

'^^F'^ 

T 

'^Ik\'^' 

if 

;  J|g;j 

1 

H 

II  H 


I; 

,1  " 

I.. 


266 


THE  FEDERAL  CONVENTION.         b.  iii. ;  en.  ir. 


•i 


rl 


II' 


lature  in  raising  a  revenuo  that  they  would  bo  driven  back  to 
requiBitions  on  tlie  states.  Appalled  at  discovering  that  his 
motion  was  a  death-blow  to  the  new  constitution,  Morris  lim- 
ited it  to  direct  taxation,  saying :  "  It  would  bo  inapplicable  to 
indirect  taxes  on  exports  and  imports  and  consumption."  * 
Cotesworth  Pinckney  took  tire  at  the  idea  of  taxing  exports. 
Wilson  came  to  the  partial  rescue  of  Morris ;  and  the  conven- 
tion, without  a  dissentient,  agreed  that  ''  direct  taxation  ought 
to  be  in  proportion  to  representation."  f  In  this  short  interlude, 
by  the  temerity  of  one  man,  the  United  States  were  precluded 
from  deriving  an  equitable  revenue  from  real  property.  Mor- 
ris soon  saw  what  evil  he  had  wrought,  but  he  vainly  strove  to 
retrieve  it. 

The  moderating  states  of  the  South  grew  restless.    "  North 
Carolina,"  said  Davie,  "  will  never  confederate  on  terms  that 
do  not  rate  their  blacks  at  least  as  three  fifths."  J    Johnson, 
holding  the  negro  slave  to  be  a  man,  and  nothing  less  than  a 
man,  could  not  forego  the  conclusion  "  that  blacks  equally  with 
the  whites  ought  to  fall  within  the  computation,"  and  his  votes 
conformed  to  his  scruples.     Contrary  to  the  wishes  of  Gouver- 
neur  Morris  and  King,  Eandolph  insisted  that  the  representa- 
tion allowed  for  slaves  should  be  imbodied  in  the  constitution, 
saying :  "  I  lament  that  such  a  species  of  property  exists  ;  but, 
as  it  does  exist,  the  holders  of  it  will  require  this  security."  ** 
Ellsworth  seconded  Eandolph,  whose  motion  was  tempered  in 
its  form  by  Wilson,  so  as  to  avoid  the  direct  mention  of  slaverv 
or  slave.    "  The  southern  states,"  said  King,  "  threaten  to  sepa- 
rate now  in  case  injury  shall  be  done  them.     There  will  be  no 
point  of  time  at  which  they  will  not  be  able  to  say,  '  Do  us 
justice  or  we  wiU  separate.'  "   The  final  motion  to  make  blacks 
equal  with  whites  in  fixing  the  ratio  of  representation  received 
no  support  but  from  South  Carolina  and  Georgia ;  ||  and  the  com- 
promise, proportioning  representation  to  direct  taxation,  and 
both  to  the  number  of  the  free  and  three  fifths  of  others,  was 
established  by  the  southern  states,  even  Georgia  approving,  and 
South  Carolina  relenting  so  far  as  to  divide  its  vote.^ 


1^^:y':( 


♦Gilpin,  1030;  Elliot,  302. 
f  Gilpin,  lOSl ;  Elliot,  302. 
X  Gilpin,  1081  ;  Elliot,  302,  303. 


«  Gilpin,  1083 ;  Elliot,  304, 

II  Gilpin,  1084-108'7  ;  Elliot,  304-806. 

^  Gilpin,  1080, 1087 ;  Elliot,  306. 


I    '  i 


1787. 


»# 


THE  ADJUSTMENT  OF  REPRESENTATION. 


287 

Randolph,  on  the  thirteenth,  seized  the  opportunity  to  nrru 
pose  numbers  as  the  sole  rule  of  representation      n^      ^ 
Morris  ';statedtheresultof  hisde^S^^^^^^    ^^Trsrh"" 
ern  gentlemen  will  not  be  satisfied  unless  thersoe  U.e  wav  o  '^^^ 

In      T^  '  "^J"^^'^^  "^  ^^-  P"^J-  couL  1       Thfeons" 
quence  of  such  a  transfer  of  power  from  fhn  r«    v       x     ? 

interior  and  landed  interest  willTf  "*""'  *"  *^^ 

commerce     In  til  T     i    ?      '''*^''^'  ^'^  '°  oppression  to 

If  the  southern  states  .etl^^llS^^^^^^ 

joined  as  they  will  be  with  thn  Jnl  •  ^^""^^  ^°^  ^^ 

to  be  apprehended."  ''""'  '°"^*^^''  ^^^^^^^^^^"g  ^^ 

^^^tZ^'^^^'  ^^^^^^"i-  ^^^  --^  the  rising 

southern  stat^Zt  1  JrHVl  ^"'^"  ^^^'^'^' =    "^^^^ 

taken  from  then7  ulichT  ^         .^''  °'^'"^^  "^^^  ^^^  be 
-^lu  mem,  wiiich  some  gentlemen  within  or  wJfTim,f 

The  majoritj,"  said  Wilson,  "wherever  found  nn.l.f  * 

this  and  other  pe^ond  right,  nu^l;'^  t«    w'th^IC 

on  nn'beTino  "'  ""™'"""  '"""'^'^  representation 

The  equality  of  votes  of  the  states  in  the  senate  being  re- 
t  onpi„,  ,m,  io«f  £/7o';'°''  ■  '"n  G?  '°1 

TOL.  TI.J.19  '  ^  ^''P'".  ^094 ;  Elliot,  809. 


4\ 


!,..;( 


■■PI 


i    t 


K. 


4H' 


I      ' 


f  .ir 


i-( 


I 


JiUJ 


2G8 


THE  FEDERAL  CONVENTION. 


B. HI.;  cu.ir. 


:: 


ported  to  tlie  convention  on  the  fourteenth,  was  resisted  by 
Wilson,  King,  and  Madison  to  the  lost  as  contrary  to  justice. 
On  the  other  hand,  Sherman  held  that  the  state  governments 
could  not  be  preserved  unless  they  should  have  a  negative  in 
the  general  government. 

Caleb  Strong,  a  statesman  of  consummate  prudence,  from 
the  valley  of  the  Connecticut,  a  graduate  of  Harvard,  aud  a  fit 
representative  of  the  country  people  of  Massachusetts,  lucidly 
reviewed  the  case,  and,  from  the  desire  to  prevent  the  dissolu- 
tion of  the  union,  found  himself  compelled  to  vote  for  the  com- 
promise. Madison  replied  in  an  elaborate  speech,  which  closed 
with  these  words :  "  The  perpetuity  which  an  equality  of  votes 
in  the  second  branch  will  give  to  the  preponderance  of  the 
northern  against  the  southern  scale  is  a  serious  consideration. 
It  seems  now  well  understood  that  the  real  difference  of  ii  ,-3iv. 
esta  lies,  not  between  the  large  and  small,  but  between  the 
northern  and  southern  states.  The  institution  of  slavery  and 
its  consequences  form  the  line  cf  discrimination.  Should  a 
proportional  representation  take  place,  the  northern  will  still 
outnumber  the  other ;  but  every  day  will  tend  toward  an  equi- 
librium." * 

The  great  poet  of  the  Hellenic  race  relates  how  the  most 
famed  of  its  warriors  was  lured  by  one  of  the  heavenly  powers 
from  the  battle-field  to  chase  a  phantom.  Had  the  South 
joined  with  the  smaller  states  to  establish  the  suffrage  by  states 
in  both  branches  of  the  general  legislature,  it  would,  in  less 
than  ten  years,t  have  arrived  at  an  equality,  alike  in  the  house 
and  in  the  senate.  But  it  believed  that  swarms  of  emigrants 
were  about  to  throng  every  path  to  the  South-west,  bearing 
with  them  afilucnce  and  power.  It  did  not  yet  know  the 
dynamic  energy  of  freedom  in  producing  wealth,  and  attract- 
ing and  employing  and  retaining  population.  The  equality  of 
the  vote  in  the  senate,  which  Virginia  and  South  Carolina 
vehemently  resisted,  was  to  gain  and  preserve  for  the  slave- 
holding  states  a  balance  in  one  branch  of  the  legislature ;  in 
the  other,  where  representation  was  apportioned  to  population, 
the  superiority  of  the  free  commonwealths  would  increase  from 
decade  to  decade  till  slavery  in  the  United  States  should  be  no 

*  Gilpin,  1104 ;  Elliot,  316.  f  lu  1796,  on  the  admiBsion  of  Tennessee. 


1787. 


THE   ADJUSTMENT  OF  REPRESENTATION. 


feiiiinkinjj 


269 


tho  final  vote  on  the  question,  th. 


more. 

lioiise  adjourned. 

«»?°b!' IS":'?,*'- "  -,r  ■• ""  — "«->  — - 

at  least  to  neutrality     On  the  ntl      '  -^^f  ^assaelmseft8 

broke  from  her Z^J^^^3T„d''  ""'  *?"°'""'-  ^'■'"»" 
«.e  smaller  ..atea"  17*;,^  e^  .^ ''b:,^"^^  "'  ^1  '» 
most  eaniestly  pronosod  f1,J«  ..  •  '  ^^^^^^O"  l»ad 

John  Ad™a,'to'Tor„M  :r '"  tl:'  ::2."'"r  ""^'^'^ 

foreode  their  „pi„i„„.  f„,  «.;':,,  I^,„^„;'"fJ;f'  - 

w.h  great  joy  that  hi.  propheey  had  come  Z^^a"  '""' 

ibelarg*  states  accepted  the  decision  as  final     When  «„ 

*  Gilpin,  1107-1109  ;  Elliot,  316,  317. 

f  Works  of  John  Adams,  ix.,  465-467  +  T„ff  ..    „„ 

•GUpi^  .09S,  H«»,  im/E,,K3„,a5r^Mr''''- 


V.      i 


m. 


ii 


i 

u'-  \ 

';    ::   *- 

■  i     ■  :i   ; 

j  '  ' 

i, 

■■-i 

; ;! 

t 

1  1 

■ '  i  * 

^S- 

!             I 

mm.  I  i ' 

.Ar 

I 

■ 
■ 

270 


THE  FEDERAL  CONVENTION. 


B.  III.;  OH.  V. 


1 1 


/ 


niv 


•111 

'if 

s,  • 


CHAPTER  V. 

the  outline  of  the  constitution  completed  and  eeferbed. 

From  the  ITth  to  the  27th  of  July  1787. 

E  distribution  of  powers  between  the  general  govem- 
me.  and  the  states  was  the  most  delicate  and  most  difficult  task 
before  the  convention.  Startled  by  the  vagueness  of  language 
in  the  Virginia  resolve,  Sherman  on  the  seventeenth  of  July 
proposed  the  grant  of  powers  "  to  make  laws  in  all  cases  which 
may  concern  the  common  interests  of  the  union,  but  not  to  in- 
terfere with  the  government  of  the  individual  states  in  any 
matters  of  internal  police  which  respect  the  government  of 
such  states  only,  and  wherein  the  general  welfare  of  the  United 
States  is  not  concerned."  *  Wilson  seconded  the  amendment, 
as  better  expressing  the  general  principle.  But,  on  scanning 
its  probable  interpretation  by  the  separate  states,  the  objection 
prevailed  that  it  would  be  construed  to  withhold  from  the  gen- 
eral government  the  authority  to  levy  direct  taxes  and  the 
authority  to  suppress  the  paper  money  of  the  states. 

Bedford  moved  to  empower  the  national  legislature  "  to 
legislate  for  the  general  interests  of  the  union,  for  cases  to 
which  the  states  are  severally  incompetent,  or  in  which  the 
harmony  of  the  United  States  might  be  interrupted  by  the 
exercise  of  individual  legislation."  f  This  Gouvemeur  Morris 
gladly  seconded ;  and,  though  Randolph  resisted,  the  current 
ran  with  such  increasing  vehemence  for  union  that  the  amend- 
ment was  adopted  at  first  by  six  states,  and  then  by  every  state 
but  South  Carolina  and  Georgia. 

As  to  giving  power  to  the  national  legislature  "  to  negative 

*  Gilpin,  1116;  Elliot,  319,  320.  f  Gilpin,  1116;  Elliot,  820. 


I 


I^t 


1787. 


OUTLINE  OF  THE  CONSTITUTION  EEFEKEED, 


271 

laws  passed  by  the  several  states,"  Gonremenr  Morris,  opposing 
U  as  terr.bo  to  the  states,*  looked  where  Jefferson  kvSd 
Madron  to  look-to  the  j„dioiary  department  to  set  IsMe  a 
aw  that  ought  to  be  negativoAf  Sherman  insisted  hat  state 
laws  eontravemng  the  authority  of  the  union,!  were  invaM 
and  moperative  from  the  beginning.  Madison  pTfoXaU 
h.s  St:  ength  to  show  that  a  power  of  negativing  fhe  Com" 
laws  of  the  states  is  the  most  mild  and  Certain  meanTSr 
Bervmg  the  harmony  of  the  system.  He  was  snp^,tei Tv 
Massachusetts,  Virginia,  and  North  Carolina  •      "PP""^  ^^ 

sentSTtW  ,;!^T  "^"^J  '"'"  "  ""  "^■''  ^''"'»°t  »"0  dis- 
Te    hf :,  ,        f^  "•'"*'^  "^  "^^  U-'itod  States  should 

be  the  supreme  law  of  the  states,  and  bind  their  iudieiaries 
anythmg  .n  their  laws  to  the  eontntry  notwithstanding  S 
d  power  not  granted  to  the  general  government  "r^La^ned 
with  the  states  was  the  opinion  of  every  member  of  the  eon 

«™  rn't-fn""^ '''''  "  "  ™*  "'  -P-rogation  to  pi  eet 
«e  eonstituhoa  an  express  reeognition  of  the  reservation 
Thnsin  one  half  of  a  mommg  the  convention  began  and  ended 
Ti,.T^      :  o    power  between  the  states  and  the  union 
llT^^  development  of  the  eentrol  government  brought 
Les.  '^'^       '"'*"°  ""^  ™'^  aseendeney  over  the 

with^  wlf  "'°""."«°*  f.'  '''"™*'™  department  was  fraught 

it  ir^!^  T  '^"^  <>™''«'>'«<=-    The  convention,  though 

.t  devoted  many  Jays  m  July  to  the  subject,  did  but  acquiesL 
for  the  moment  m  the  Vi.pnia  i-esolve,  with  which  it.,  dehb- 
crations  had  yet  made  it  thoroughly  discontented. 

catio.  nTrl  *,'"'  ^'"*"'=.T"™»ld  liavc  required  a  qnalifi- 
catmn  of  landed  property  for  the  executive,  iudiciary,  and 
members  of  the  national  legislature.-    Gerry  approved^seeu^ 

^mX'?''!  K  ^"'"'■'^  P™"^'™'-  ""  qnalificatlons  are 
proper,  sa,d  Gouvemeur  Morris,  "I  should  prefer  them  in 
the  electors  rather  than  &o  elected  ;"<)  and  Madison  agreed 

t  «£  \uV  ?,','°''  '"•         '  «""'»■ '"« ■■ «"»«.  s-^s- 
'  o  S;    ;    I  ^-    '-■  » «"p-  -  ^  -^'""^  3,0. 


•u 


i 


1*1 


!     t 


272 


THE  FEDERAL  CONVENTION. 


B.  III. ;  OH.  V. 


i  •II 


1*1 


;'i 


!      [' 


«: 


I    ■  Ij 


with  him.     "I,"  said  Dickinson,  "doubt  the  policy  of  inter- 
weaving into  a  republican  constitution  a  veneration  for  wealth. 
A  veneration  for  poverty  and  virtue  is  the  object  of  republican 
encouragement.     :N'o  man  of  merit  should  be  subjected  to  dis- 
abilities in  a  repubhc  where  merit  is  understood  to  form  the 
great  title  to  public  tnist,  honors,  and  rewards."  *     The  sub- 
ject came  repeatedly  before  the  convention;  but  it  never 
consented  to  require  a  property  qualification  for  any  office  in 
the  general  government.     In  this  way  no  obstruction  to  uni- 
versal suffrage  waa  allowed  to  conquer  a  foothold  m  tlic  con- 
stitution, but  its  builders  left  the  enlargement  of  suffrage  to 
time  and  future  lawgivers.     They  disturbed  no  more  than  was 
needed  for  the  success  of  their  work.     They  were  not  rest- 
less in  zeal  for  one  abstract  rule  of  theoretical  equality  to  be 
introduced  instantly  and  everywhere.      They  were  like  the 
mariner  in  mid-ocean,  on  the  rolHng  and  tossing  deck  of  a 
ship,  who  learns  how  to  keep  his  true  course  by  watching 
the  horizon  as  well  as  the  sun.    In  leading  a  people  across 
the  river  that  divided  their  old  condition  from   the  new, 
the  makers  of  the  new  form  of  government  anchored  the 
supporting  boats  of  their  bridge  up  stream.     The  qualifica- 
tions of  the  electors  it  left  to  be  decided  by  the  states,  each 
for  itself. 

All  agreed  "that  a  supreme  tribunal  should  be  estab- 
lished," f  and  that  the  national  legislature  should  be  empow- 
ered to  create  inferior  tribunals.  $  By  the  report  of  the  com- 
mittee, on  the  eighteenth,  the  judges  were  to  be  appointed  by 
the  senate.  Gorham,  supported  by  Gouvemeur  Morris,  pro- 
posed their  appointment  "  by  the  executive  with  the  consent 
of  the  second  branch " ;  a  mode,  he  said,  which  had  been 
ratified  by  the  experience  of  a  hundred  and  forty  years  in 
Massachusetts.*  The  proposal  was  gradually  gaining  favor; 
but  for  the  moment  failed  by  an  equal  division. 

The  trial  of  impeachments  of  national  officers  was  taken 
from  the  sup^-me  court ;  and  then,  in  the  words  of  Madison, 
its  jurisdiction  was  unanimously  made  to  "  extend  to  all  eases 
arisiiig  under  the  national  laws,  or  involving  the  national  peace 


*  Gilpin,  1213-1215;  Elliot,  371,  372. 
t  Gilpin,  1130;  Elliot,  328. 


J  Gilpin,  113V;  Elliot,  331. 
*  Gilpin,  1134;  Elliot,  330. 


i  1  !  i 


ri-!,^ 


i78r. 


OUTLINE  OF  THE  CONSTITUTION  REFERRED. 


273 
and  harmony."  •    Controvereioa  which  begau  and  ended  !„  fl,. 

*u  Jn  :h::^dTe";«fied''  i'L\t"f •  fr  ^r  -■^«- 

proposed  Ellsworth,  on  the  tt'^nt  ti  S  !  T/  "^  '''  ''^'™'" 
bv  Patereon     «  Ti,    i    •  7    ™™y-""™,  and  ho  was  seconded 

must  we  resort  ?    T^  ^i  ,     assembij.    Whither,  then. 

snbject  shottld  be  transfe^S  fmm  h„  >  ,7*"'"''°"  "^  *'^'« 
demagogues  have  tW^mVZl^  ^T^^  :J-  ^ 
efforts  can  be  less  mischievnn.     M  "'^  *^®^' 

are  a.        ,         ohSTihef  eZui^::^  f  ;■;:  ^o^ 

^e;::;s?;i:;:5:"r^  express^cauednpon  :^z 

on.,  b,  the  unan^iorcrenlr nrS  ^'^"'°';? 
the  states,"  replied  his  colleague  Gorham  Xo'.u<f.^T 
selves  to  bo  rninsrt    if  iji,  J    T  ,     ,  ™'"'     "  suffer  them- 

for  the  nnanim..f  I   ^  ,"'°  '^''°'"'  "">«'»'  '™i«ng 

lor  iiie  unammons  concurrence  of  the  states."  * 

in  Bint"thrart^''7"  1""™"*'  "-ms  to  have  crept 
ventions  of  ttf  1  """^r^^^""""  ^»«  e.stabhshed.  Con- 
venisons  of  the  people,  with  power  derived  expressly  from 

Gilpin.  1138!  Fllint   <»Q<i  ._j  .    „,.,  -^  ./ 


1 

■ki 

1 

1 

M  < 

I 

1' 

^^Bf 

'i 

i) 

BBw*.  t  ' 

I      Ml. 


*Gilpin,  1138 ;  Elliot,  332,  and  i.,  210 
t  Gilpin,  1177-117P,  Elliot,  352,  353. 


*  Gilpin,  1180;  Elliot,  354. 


274 


THE  FEDERAL  CONVENTION. 


I 


I 


hiki 


B.  III. ;  on.  V. 

the  people,  were  not  then  thought  of."*  «A  reference  to 
the  authority  of  the  peo;)]e  expressly  delegated  to  conven- 
tions,'' insisted  King,  "is  most  likely  to  draw  forth  the  best 
men  in  the  states  to  decide  on  the  new  constitution,  and  to 
obviate  disputes  and  doubts  concerning  its  legitimacy."  f 

Madison  spoke  with  intense  earnestness.  "  The  difference 
between  a  system  founded  on  the  legislatures  only  and  one 
founded  on  the  people  is  the  difference  between  a  treaty  and 
a  constitution.  A  law  violating  a  treaty  ratified  by  a  pre- 
existing law  might  be  respected  by  the  judges;  a  law  vio- 
latmg  a  constitution  established  by  the  people  themselves  would 
be  considered  by  the  judges  as  null  and  void.  A  breacli  of  any 
one  article  of  a  treaty  by  any  one  of  the  parties  frees  the  other 
parties  from  their  engagements;  a  union  of  the  people,  under 
one  constitution,  by  its  nature  excludes  such  an  interpreta- 
tion." ^  ^ 

After  a  full  debate,  the  convention,  by  nine  states  against 
Delaware,  referred  the  ratification  of  the  new  conotitution  to 
an  assembly  in  each  state  to  be  chosen  specially  for  that  pur- 
pose by  the  people.** 

In  the  follo^^^ng  three  days  the  resolutions  of  the  federal 
convention  for  the  establisliment  of  a  national  government, 
consisting  of  twenty-three  in  number,  were  finished  and  re- 
ferred to  a  committee  of  detail,  five  in  number,  who  were  or- 
dered to  prepare  and  report  them  in  the  fonn  of  a  constitution. 
With  them  were  referred  tlie  propositions  of  Charles  Pinckney 
an  '  tlie  plan  of  Kew  Jersey. 

The  federal  convention  selected  for  its  committee  of  detail 
three  members  from  the  North  and  two  from  the  South— Gor- 
ham,  Ellswortli,  Wilson,  Eandolph,  and  John  Eutledge,  of 
whom  the  last  was  the  chairman.  By  ancestry  ScotchSrish, 
in  early  youth  carefully  but  privately  educated,  afterward  a 
student  of  law  in  the  Temple  at  London,  Eutledge  became  the 
foremost  statesman  of  his  time  south  of  Virginia.  At  the  age 
of  twenty-six  he  began  his  national  career  in  the  stamp-act  con- 
gress of  ITGS,  and  from  that  time  was  employed  by  his  state 
wherever  the  aspect  of  affairs  was  the  gravest.    Patrick  Heniy 


*  Gilpin,  1181;  Elliot,  354. 
t  Gilpin,  1183;  Elliot,  355. 


}  Gilpin,  1183,  1184 ;  Elliot,  355,  866. 
«  Gilpin,  1185;  Elliot,  866. 


irer. 


OmiNE  OP  THE  CONSTITDTIOJI  REFERRED. 


the  day  when  diseL  11X^1.17'''''^  ^''''"'  ="■"•    ^o 
!■>  peaee,  the  pride  of  S  f-,, •''""'■'  ''^  ™' '"  ^'^-  ™d 

ment  of  the  members  oH,!.™  f  J*"  ^"""^  °»  *«  W- 
treasuriesof  thesTateron  ,  ?"""'  ''S^^'^f"  from  the 
port,  and  the  r  S^of  llT"''^  ""'  '»""•<«'  "^  «- 
legislature  to  eountera  t  Europea^  e,?-',  "'  "'*"'^  "*  "'« 

Of  his  associates,  Gorham  C   ",'""'  ""  "™g'>«on. 
from  his  own  experi^nee  nXtoodX      "'  "'  ^f '""'  ^''» 
of  his  country,  and  knew  wWe  the  wT''^'  "''^*'«°^ 
land,  of  France  and  r,f  s,    •        °         restrictive  laws  of  Ene- 

tbe  small  and  the  larger  stlt  by  a  w  s'^^''.''"'"""^  ''^'^™«' 
now  found  himself  the  nmiTr;  h  ,  .     "^P^'  ""'"fomise, 

the  North.  P"'  ''''"■<'™  *!"=  ^f^-ne  South  and 

Cotesworth  Pinckney  called  to  mm,i  ,i   *  -^  ., 
should  fail  toinsertsome  seeuXto  t  ,e       "  """"""'^ 

an  emancipation  of  slayeran^a;  ^Vta^x «"" ''"''"^"''"' 
should  be  bound  by  duty  o  his  state  to  I?  "".'=='P°*.  I>« 
port.*  After  this  the  eonyentiontn  ,1 »  J  ^^""'  *''"''•  "^ 
unanimonsly  adjourned  till 22;  tt  s LT  ^1*""^ 

atte^;rr'::^  S;z'r°Tr  "^^'^  "--'""^ 

best  ^idos  wei^  fl.e  eonsttuln,  7!,  ^'"^  *'"="•  *    ^hei? 

fr.rt.iS.ed  most  sti^nr<^plioL  .i^'d^rTt-  ^'*''  ^""■='' 
by  long  experience     Th»»  •       •!,'         "^^S^'at.ons  approved 

iive  :f  tl  e  proc;edlrtr  "T  ^  "^"""^  °"  ?"■«"»'  "ar- 
■argest  constSvT  pS'^^^f '  ^^^7  TT'  "'*  *« 
members  may  be  deteL  S\y  Iht  Xl"d  f  '\\  •"■"'" 
™.^and  actions beforeandaft^r.^lTS^S-^ 

•G.lpin,  llsr;  Elliot,  35J.  .  p.,  .     ,. 

t  Wilson  i„  Gilph,  ,2„,  Elliot,  88.,  .1/eSS  tT-''  M*'  '"■ 
403.  '  «u"C(igcin  Gilpin,  1284;  Elliot, 


1 

1 

■liii 

r  ■ 
.1      ' 

1 

1            ' 

H 


a 


II 


11 


fiij 


i''i 

' 

s^^^ 

1 

j- 

fl 


I  J. 


'ill 


II   '    I  ',?' 


276 


TDE  FEDERAL  CONVENTION. 


B.  m.  :  OH.  V. 


anxiety  of  the  country  wore  on  the  increase.  In  May  Grayson 
liad  written  to  Monroe :  "  The  weiglit  of  General  Washington 
is  very  great  in  America,  but  I  hardly  think  it  is  sufficient  to 
induce  the  people  to  pay  money  or  part  with  power."  *  "  If 
what  the  convention  reconnnend  should  be  rejected,"  so  wrote 
Monror  to  Jefferson  the  day  after  the  adjournment,  "  they  will 
complete  our  ruin.  But  I  trust  that  the  presence  of  General 
Washington  will  overawe  and  keep  under  the  demon  of  party, 
and  that  the  signature  of  his  name  to  the  result  of  their  de- 
liberations will  secure  its  passage  through  the  union." 

*  Grayson  to  Monroe,  29  Jlay  1787. 


I    \ 


i    , 


>«! 


1786. 


THE  COLONIAL  SYSTEM  OF  AMERICA. 


277 


CHAPTER  YI. 

THE  COLONIAL   SYSTEM  OP  THE   UNITED   STATES. 

From  January  1780  to  July  1787. 

Before  the  federal  convention  had  referred  its  resolutions 
to  a  committee  of  detail,  an  interlude  in  congress  was  shaping 
the  character  and  destiny  of  the  United  States  of  America 
Sublime  and  humane  and  eventful  in  the  history  of  mankind 
as  was  the  result,  it  will  take  not  many  words  to  tell  how  it 
was  brought  about.     For  a  time  wisdom  and  peace  and  justice 
dwelt  among  men,  and  the  great  ordinance,  which  could  alone 
give  continuance  to  the  union,  came  in  serenity  and  stillness. 
Every  man  that  had  a  share  in  it  seemed  to  be  led  by  an  invisi- 
ble hand  to  do  just  what  was  wanted  of  him ;  all  that  waa  wrong- 
fully  undertaken  fell  to  the  ground  to  wither  by  the  wayside  • 
whatever  was  needed  for  the  happy  completion  of  the  mights 
i^to  itrpllce  "PP'^^^^'^^'^^^J^^^  ^*  tl^«  right  moment  moved 

arv  ns?'  w-fr.f  'ST'"'  '  '''''y  ^^^  *^  b^  ^^H  in  Jann- 

^W^%  fi     «    "^  '^  ^'''''  commissioners  with  the  represen- 

mtJl  '7  ""^  Z''\  '  ''''''''  ''''^''  11^  reached  Fort 
Pitt  and  with  some  of  the  American  party  began  the  descent 
of  the  Ohio ;  but  from  the  low  state  of  the  water,  he  aban- 
doned the  expedition  at  Limestone,  and  made  hi;  way  to 

r  r^^f'l-  "^^.  '''""^'^^  '-^"^  ''''  -^^^™--  A/the 
congiess  the  opmion  that  a  great  part  of  the  western  t.rntory 


P  H 


i[ 

1            ; 

'^  ?    1 

\ 

1 

1 

i 
1         '   '■ 

" 

1 

i 
1 

i 

^  1 '  ' 

i  ^ 


\ :',! 


278 


THE  FEDERAL  CONVENTION. 


n.  ni. ;  en.  vi. 


ili 


U 


■t  I 


,1  '.''•■ 


)U    \ 


especially  that  near  Lakes  Michigan  and  Erie,  was  miserably 
poor ;  that  the  land  on  the  Mississippi  and  the  Illinois  consisted 
of  extensive  plains  whicli  had  not  a  single  bush  on  them,  and 
would  not  have  for  ages ;  that  tlio  western  settlers,  in  many 
of  the  most  important  objects  of  a  federal  government,  would 
be  either  opposed  to  tlio  interests  of  the  old  states  or  but  lit- 
tle connected  Avith  them.  IIo  would  form  the  territory  into 
no  more  than  five  states ;  but  he  adhered  to  the  jmnciple  of 
Jefferson,  that  they  ought  as  soon  as  possible  to  take  part  in 
goveniing  themselves,  and  at  an  early  day  share  "  the  sover- 
eignty, freedom,  and  indejiendence  "  of  the  other  states. 

In  the  course  of  the  winter  the  subject  of  tlie  division  of 
the  western  territory  into  states  was,  on  the  motion  of  Monroe, 
referred  to  a  grand  committee.  Its  report,  which  was  pre- 
sented on  the  twenty-fourth  of  March,  traced  the  division  of 
the  territory  into  ten  states  to  the  resolution  of  congress  of 
September  1780,  by  which  no  one  was  to  contain  less  territory 
than  one  hundred  nor  more  than  one  hundred  and  fifty  miles 
square.  This  resolution  had  controlled  the  ordinance  of  April 
1784 ;  and,  as  the  first  step  toward  a  reform,  every  part  of  that 
ordinance  which  conflicted  with  the  power  of  congress  to  di- 
vide the  territory  into  states  according  to  its  own  discretion 
■was  to  be  repealed.* 

Virginia  had  imbodied  the  resolve  of  congress  of  Septem- 
ber 1780  in  its  cession  of  its  claims  to  the  land  north-west  of 
the  Ohio.  A  further  report  proposed  that  Virginia  should  be 
asked  to  revise  its  act  of  cession. f 

At  this  stage  of  the  proceedings  Dane  made  a  successful 
motion  to  raise  a  committee  for  considering  and  reporting  the 
form  of  a  temporary  government  for  the  western  states.  ^  Its 
chainnan  was  Monroe,  with  Johnson  and  King  of  New  Eng- 

*  Thi3  first  report  of  the  grand  committee  is  found  in  Reports  of  Committees, 
Papers  of  Old  Congress,  xxx.,  75,  in  the  State  Department,  and  is  indorsed  as  hav- 
ing  been  "read  24tli  of  March  USO,  to  be  considered  Timrsday,  March  30th." 

t  This  second  report  of  the  grand  committee  is  found  likewise  in  vol.  xxx  19 
and  following,  of  Papers  of  Old  Congress;  but  it  has  no  indorsement  as  to' the 
tmie  when  it  was  entered,  read,  or  considered. 

i  The  day  on  which  this  motion  was  made  is  not  given,  nor  is  the  motion  en- 
tered in  the  Journal.  It  was  probably  in  April.  Wc  get  the  fact  from  page  88 
of  vol.  xxx.  of  the  Papers  of  the  Old  Congress. 


1  ;• 


1786. 


THE  COLONIAL  SYSTEM  OF  AMERICA. 


279 


land,  John  Kean 


,  .  .  ,        ,       ^  ^^^arfes  Pinckney  of  South  Carolina,  as 

his  associates.     On  the  tenth  of  May  this  committee  read  their 
report.     It  aaked  the  consent  of  Virginia  to  a  division  of  the 
territory  into  not  less  than  two  nor  more  than  five  states;  pre- 
sented  a  plan  for  their  temporary  colonial  government:  and 
promised  them  admission  into  the  confederacy  on  the  princi- 
ple of  the  ordinance  of  Jefferson.    Not  one  word  was  said  of 
a  restriction  on  slavery.    No  man  liked  better  than  Monroe  to 
lean  for  support  on  the  minds  and  thoughts  of  others.    He 
loved  to  spread  his  sails  to  a  favoring  breeze,  but  in  threaten- 
nig  weatlier  preferred  quiet  under  the  shelter  of  his  friends. 
When  Jefferson,  in  1784,  moved  a  restriction  on  slavery  in  the 
western  country  from  Florida  to  the  Lake  of  the  AVoods,  Mon- 
roe  was  il  enough  to  be  out  of  the  way  at  the  division.    When 
lling  m  the  following  year  revived  the  question,  ho  was  again 
absent  at  the  vote ;  now,  when  the  same  subject  challenged  his 
attention,  he  was  silent.  ^ 

At  first  Monroe  flattered  himself  that  his  report  was  gener- 
al y  approved  ;  *  but  no  step  was  taken  toward  its  adoption. 
AU  that  was  done  lastingly  for  the  West  by  this  congress  was 
tne  triut  of  independent  movements.  On  the  twelfth  of  May 
at  the  motion  of  Grayson  seconded  by  King,  the  navigable 
waters  leading  into  the  Mississippi  and  the  St.  Lawrence,  and 
the  carrying  places  between  them,  were  declared  to  be  common 
highways,  forever  free  to  all  citizens  of  the  United  States 
without  any  tax,  impost,  or  duty.  ' 

The  assembly  of  Connecticut,  which  in  the  same  month 
Held  a  session,  was  resolved  on  opening  a  land  office  for  the 
sale  of  six  millions  of  acres  west  of  the  Pennsylvania  line 
whicli  their  state  had  reserved  in  its  cession  of  all  further 
claims  by  charter  to  western  lands.  The  reservation  was  not 
excessive  in  extent ;  the  right  of  Connecticut  under  its  charter 
had  been  taken  away  by  an  act  of  the  British  parliament  of 
which  America  had  always  denied  the  validity.  The  federal 
constitution  had  provided  no  mode  of  settling  a  strife  between 
a  state  and  the  United  States;  a  war  would  cost  more  than  the 
land  was  worth.f     Grayson  ceased  his  opposition  ;  and  on  the 

*  Monroe  to  Jcifcrson,  New  York,  11  May  1786. 
t  Grayson  to  Madison,  28  May  1786. 


if 

m 


'<  1. 


u 


,   i 

•It 

H  1  !, 

if 

H  i 

,  '^^ 

i 

.       :        .i 

*                 1 

2S0 


THE  FEDERAL  CONVENTION. 


B.  in. ;  en.  yi. 


(    -  is; 


(il 


}Ul\ 


a 


fourteenth  of  the  following?  September  congress  accepted  the 
deed  of  cession  by  which  Connecticut  was  confirmed  in  the 
possession  of  wliat  was  called  her  «  western  reserve."  The 
compact  establishment  of  the  culture  of  New  England  in  that 
district  had  the  most  beneficent  effect  on  the  character  of  Ohio 
and  the  development  of  the  union. 

For  diminishing  the  number  of  the  states  to  be  formed  out 
of  the  western  territory,  Monroe  might  hope  for  a  favorable 
heanng.  At  his  instance  the  subject  was  referred  to  a  grand 
committee,  which  on  the  seventh  of  July  reported  in  favor  of 
obtaining  the  assent  of  Virginia  to  the  division  of  the  territory 
north-west  of  the  Ohio  into  not  less  than  two  nor  more  than 
nve  states. 

With  singular  hberality  Grayson  proposed  to  divide  the 
country  at  once  into  not  less  than  five  states.     He  would  run 
a  line  east  and  west  so  as  to  touch  the  most  southern  part  of 
Lake  Michigan,  and  from  that  line  draw  one  meridian  line  to 
the  western  side  of  the  mouth  of  the  Wabash,  and  another  to 
the  western  side  of  the  mouth  of  the  Great  Miami,  making 
three  states  between  the  Mississippi  and  the  western  lines  of 
Virgmia  and  Pennsylvania.    The  peninsula  of  Michigan  was 
to  form  a  fourth  state  ;  the  fifth  would  absorb  the  country  be- 
tween Lake  Michigan,  Lake  Superior,  and  the  line  of  water  to 
the  northern  boundary  in  the  Lake  of  the  Woods  on  the  one 
side  and  the  Mississippi  on  the  other.     This  division,  so  unfa- 
vorable to  southern  influence,  was  voted  for  by  Maryland,  Yir- 
ginia  North  Carolina,  and  Georgia,  South  Caroling  being  di- 
vided; the  North  did  not  give  one  state  in  its  favor;  and  the 
motion  was  lost.  ^  It  was  then  agreed  that  the  district  should 
ultimately  be  divided  at  lea^t  into  three  states,  the  states  and 
individuals  being  unanimous,  except  that  Grayson  adhered  to 
his  preference  of  five.* 

The  cause  which  arrested  the  progress  of  the  ordinance  of 
Monroe  was  a  jealousy  of  the  political  power  of  the  western 
states,  and  a  prevailing  desire  to  impede  their  admission  into 
the  union.  To  Jefferson  he  explained  with  accurate  foresight 
tlie  policy  toward  which  congress  was  drifting 

When  the  inhabitants  of  the  Kaskaskias  presented  a  peti- 

*  Journals  of  Congress,  iv.,  662,  663. 


!     ff 


lT8«-n87.    THE  COLONIAL  SYSTEM  OF  AMEKIOA.  281 

tion  for  the  organization  of  a  govcmmont  over  their  district 
Monroe  took  part  in  the  answer!  that  eongross  had  u  de  tnl 
sdorafon  the  plan  of  a  temporary  government  for  theirTs- 

Th.s  .8  the  host  aet  of  eongress  relating  to  the  West  in  whieh 
Monroe  partieipated.  AVith  the  first  Monday  of  tl,e  comtg 
November  the  rnlo  of  rotation  would  exclude  him  from  eon 

During  the  summer  Kean  was  absent  from  congress,  and 
hs  place  on  the  committee  was  taken  by  Helancthon  Smith  f 
^i«l    .        n    ^"  September,  Monroe  and  King  went  on  I 
mission  from  Congress  to  the  legislature  of  Pennsylvania  Z 
tlieir  places  were  filled  by  Henry  of  Maryland  and  Dane    '  ^ 
committee  with  its  new  members  represented  the  ruling  senS 
men    of  the  house;  and  its  report,  which  was  made  on  the 
nmeteenthof  September,  required  of  a  western  state  before 
ts  admission  into  the  union  a  population  equal  to  one  thir! 
eenth  part  of  the  citizens  of  the  thirteen  original  state  aC 
cordmg  to  die  last  preceding  enumeration.     Iltd  this  report 
been  adopted,  and  had  the  decennial  census  of  the  populaLn 
of  territories  and  states  alone  furnished  the  rule,  Ohio  must 
have  waited  twenty  yeai-s  longer  for  admission  into  the  union  • 
Indiana  would  have  been  received  only  after  1850 ;  Illinois' 
only  after  18G0;  Michigan  could  not  have  a.ked  admlltance 
till  after  the  census  of  1880;  and  after  that  census  Wisconsin 
must  still  have  remained  a  colonial  dependency 
HnJ  f'/r*  ^'^  ^^  September  1786  was  given  to  the  considera- 
tion of  the  report;  but  before  anything  was  decided  the  sev- 
enth congress  expired. 

The  new  congress,  to  which  Madison  and  Richard  Henrv 
Lee,  as  well  as  Grayson  and  Edward  Carrington,  were  sent  by 
Virgima,  had  no  quorum  till  February  1787,  and  then  was  oc- 
eupied  with  preparations  for  the  federal  convention  and  with 
the  late  insurrection  in  Massachusetts.  But  the  necessity  of 
providing  for  a  temtorial  government  was  urgent;  and  nea 
the  end  of  April  the  committee  of  the  late  congre  s  reeved 


I 


*  Journals  of  Congress,  iv.,  688,  689 


Journals 


,;>! 


^■n\ 


S; 


282 


THE  FEDERAL  CONVENTION. 


II 


Mil* 


I  i't 


B.  III. ;  00.  TI. 

ita  project  of  tho  proceding  Soptombor.  On  tho  ninth  of  May 
it  was  read  a  second  time ;  tho  clause  whicli  would  have  indeli- 
nitcly  delayed  the  admission  of  a  western  state  was  cancelled  •  * 
a  new  draft  of  tho  bill  as  amended  was  directed  to  bo  tiun- 
scribed,  and  its  third  reading  was  made  the  order  of  the  next 
day,  t  when  of  a  sudden  tho  further  progress  of  tho  ordinance 
waa  arrested. 

Rufus  Putnam,  of  Worcester  county,  IVrassachusetts,  who 
had  drawn  to  himself  tho  friendly  esteem  of  the  commander- 
in-chief,  and  before  the  breaking  up  of  the  army  received  tho 
commission  of  brigadier-general,  waa  foremost  in  promoting  a 
petition  to  congress  of  officers  and  soldiers  of  the  revolution 
for  leave  to  plant  a  colony  of  the  veterans  of  tho  anny  between 
Lake  Eric  and  the  Ohio,  in  townships  of  six  miles  square,  with 
large  reservations  "for  tho  ministry  and  schools."     For  him- 
self and  his  associates  ho  entreated  Washington  to  represent 
to  congress  the  strength  of  the  grounds  on  which  their  petition 
rested,  t    Their  unpaid  services  in  tho  war  had  saved  the  in- 
dependence  and  the  unity  of  the  land ;  their  settlement  would 
protect  tho  frontiers  of  the  old  states  against  alarms  of  the  sav- 
ages ;  their  power  would  give  safety  along  the  boundary  line  on 
the  north;  under  their  shelter  the  endless  procession  of  emi- 
grants would  take  up  its  march  to  fill  the  country  from  Lake 
Erie  to  the  Ohio. 

^  With  congress  while  it  was  at  Princeton,  and  again  after 
Its  adjournment  to  Annapolis,  Washington  exerted  every  power 
of  which  he  was  master  to  bring  about  a  speedy  decision.  The 
members  with  whom  he  conversed  acquiesced  in  the  reasonable- 
ness of  the  petition  and  approved  its  policy,  but  they  excused 
their  inertness  by  the  want  of  a  cession  of  tho,  nortb  .western 
lands. 

Wlicn,  in  March  1784,  the  lands  were  ceded  by  Virginia, 
Eufus  Putnam  again  appeals  to  Washington  :  "  You  are  sensi- 
ble of  the  necessity  as  well  as  the  possibility  of  both  officers 
and  soldiei-s  fixing  themselves  in  business  somewhere  as  soon  as 

«  This  appears  from  the  erasures  on  tho  printed  bill,  which  is  still  prcscrred. 
t  Jo^i'-nals  of  Congress,  iv.,  Y47. 

I  S.  I'.  Hildrcth,  Pioneer  Settlers  of  Ohio,  88.     Walker,  29.    Letter  of  Rufus 
Putniim,  16  June  1783. 


it   isi 


m,.mr.  the  colonial  system  op  amer.oa.         agj 

Botts;  and  as  bo  coiilrl  rmf  «*  itiiuoiy  Jor  J\[iwsachu- 

«a.no  Btato.  waa  appointed  for  th„  ,i,no  i„  hisTtead  •  'l 

but  disorderly  Indians  prevented  the  Burvev  wit!,o,,t  h    •    ' 
advanced  farther  west  than  Pittsbnrrf,    li',  7  ^ 

and,  mce  almost  every  one  ^o^^CXo^""^ 
i:™"  wUh  a  »i„d   «„ed  ,vL  L  Z^^t 

an  early  and  a  wise  and  resolute  patriot  if  theta.  !  ll      r    ' 
^cncral  oi  the  re^lar  annj,  travelled  to  tlio  Wo^t  mi  t.Tr 
business,  descended  the  Ohio  as  far  as  itliT.       i  /    ^^^^'"^ 

under  comuiissiom  from  the  T7r,it„,i  «*  .  .  ,        '  ^''"S 

at  tlio  mouth  of  fh.  n      /'°  V"'^<'  ^''"<^'.  'net  the  Shawnees 

Unh^d  11  7  acknowledged  the  sovereignty  of  the 

Cai.  to  property  in  anrC/J^'t^rLXr  S 

*  Journals  of  Congress,  iv.,  520,  527  647 
VOL.  v^Tof ""  ''■'''"'^'  ^°*^'*^  '"^-  ^-  '^'«"«-.  '!«•.  331. 


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284 


THE  FEDERAL  CONVENTION". 


B.  III.  :  CH,  VI. 


!  L 


the  Great  Miami.*    In  this  way  the  Indian  title  to  southern 
Ohio,  and  all  Ohio  to  the  east  of  the  Cuyahoga,  was  quieted. 

Six  days  before  the  signature  of  the  treaty  with  the  Shaw- 
nees,  Eufus  Putnam  and  Benjamin  Tupper,  after  a  careful  con- 
sultation at  the  house  of  Putnam,  in  Rutland,  published  in  the 
newspapers  of  Massachusetts  an  invitation  to  form  "  the  Ohio 
Company  "  for  purchasing  and  colonizing  a  hrgo  tract  of  land 
between  the  Ohio  and  Lake  Erie.  The  men  chiefiy  engaged 
in  this  enterprise  were  husbandmen  of  New  England,  nurtured 
in  its  schools  and  churches,  laborious  and  methodical,  patriots 
who  had  been  further  trained  in  a  seven  3-ears'  war  for  freedom. 
Have  these  men  the  creative  power  to  plant  a  commonwealth? 
And  is  a  republic  the  government  under  which  political  organi- 
zation for  great  ends  is  the  most  easy  and  the  most  perfect? 

To  bring  the  Ohio  company  into  formal  existence,  all  per- 
sons in  Massachusetts  who  wished  to  promote  the  scheme  were 
invited  to  meet  in  their  respective  counties  on  Wednesday,  the 
fifteenth  day  of  the  next  February,  and  choose  delegates  to 
meet  in  Boston  on  Wednesday,  the  first  day  of  March  178G, 
at  ten  of  the  clock,  then  and  there  to  consider  and  determine 
on  a  general  plan  of  association  for  the  company.     On  the  ap- 
pointed day  and  hour,  representatives  of  eight  counties  of 
Massachusett?  came  together;  among  others,  from  Worcester 
county,   Rufus  Putnam;    from   Suffolk,  Winthrop  Sargent; 
from  Essex,  Manasseh  Cutler,  lately  a  chaplain  in  the  army' 
then  minister  at  Ipswich ;  from  Middlesex,  John  Brooks ;  from' 
Hampshire,  Benjamin  Tupper.     Eufus  Putnam  was  chosen 
chairman  of  the  meeting,  Winthrop  Sargent  its  secretary.     On 
the  third  of  March,  Putnam,  Cutler,  Brooks,  Sargent,  and 
Gushing,  its  regularly  appointed  committee,  reported  an  asso- 
ciation of  a  thousand  shares,  each  of  one  thousand  dollars  in 
continental  certificates,  which  were  then  the  equivalent  of  one 
hundred  and  twenty-five  dollars  in  gold,  with  a  further  liability 
to  pay  ten  dollars  in  specie  to  meet  the  expenses  of  the  agen. 
cies.    Men  might  join  together  and  subscribe  for  one  share. 

A  year  was  allowed  for  subscription.  At  its  end,  on  the 
eighth  of  March  1787,  a  meeting  of  the  subscribers  was  held 
at  Boston,  and  Samuel  Ilolden  Parsons,  Rufus  Putnam,  and 

*  U.  S.  Statutes  ut  Large,  vii.,  15,  16-18,  26. 


■Ul 


*1lfl{f 


irsr. 


THE  COLONIAL  SYSTEM  OF  AMERICA. 


285 


the  company.    '^  °*  '"""^^  ^^"1"''^  '«  t^-^  purposes  of 

b7  tic  fei^°':„''l  S"'"""  °'  "  ™^'  •'""-■»  ™  -ttled 

wasordLedtoahW      iLtT'™'"""'''''''"^^''-''^' 
Samuel  HoHen  pZuTaZTJr'"'"'''-'  '^'  "™™»1  "^ 

It  interested  evc^y  ono  •'p"  ^P^f'^'ngday,  wasproEentcd.* 
stood  a  bodv  of  hardy  pio^r^"'  ^V  f  "^'>-'^o-.  h-o 
npid  absorption  of  tb'e  do  ne  fe'dS  t^  ??  • ''^  ™^  *°  ""^ 
lectod  f:-o™  the  ehoieest  re^"of  tb!  "''  ®'"'^' '  ^=- 

defence;  the  proieetors  !?  T  i      ,     ,  ,™^ '  capable  of  self- 

and  laborions ;  trained  !n  *L  "'*"'"'" '  enterprising 

doxy  of  the  NwEnSanrvnr  -"7'%  »'«J  *ict  orfli 
changed.    There  l,rt„  JT'  °^  "'"'  ^V-    All  was 

out  demiting  office^  and  72       "T"  "  •'^'"^^"  -"i»g 
ce^s  present  witbl: -^  frLTa:^ L^^f  "0^^' 

Egbert  Benson-  i"tt'",  f ""''  ''"'''"''  -<• 
gross  having  wortl^-  asLl^  hCarri,!:  '^fr  "'  """i 
whom  nothing  was  spoIcpti  K,,f  •  ^'.^^^"^  ^"^  Benson,  of 
tegrity  and  ^L^X^^^l;"  ^'-^'^  "'  *■>-  f"""'-  in- 

from  the  South,  Viro-Ini ,  th^  f'^r     v  t  ^  '^  "^^"'^^  ' 

The  memorial  of  Parqnna  !a  ;,.  i,!»         . 

infc  liand»rltins„f  R„~er  L,ta  "  L       "r  ',  o      '  """"'"»'•'■    "  !»  m'i»"ed 
.a3»ia.„r,  for  ft"  „,,  d  J„t     Ir,     T"™    *"■'"'""  "■  ''•"'™"'  »="'  »'  «'" 

r-d  .0 ...  c,a„c:;;°yr  rrt-  ,X-rr'r  '"\  '^ 

on  Juij  23,  1787.    See  committee  book."  '  '°"-     ^""^^^ 


ii 
i 


SI 


'M 


M 


'i  i 


J! 


28G 


THE  FEDERAL  CONVENTION.  b.  iii. :  en.  vi. 


M-. 


ii!  ii 


'   I:    ! 


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It 


On  Friday,  the  fifth,  there  was  no  quorum.  In  the  even- 
ing ai'rived  Manasseh  Cutler,  one  of  the  three  agents  of  the 
Ohio  company,  sent  to  complete  the  negotiations  for  western 
lands.  On  his  way  to  New  York,  Cutler  had  visited  Parsons, 
his  fellow-director,  and  now  acted  in  fall  concert  with  him. 
Carrington  gave  the  new  envoy  a  cordial  welcome,  introduced 
him  to  members  on  the  floor  of  congress,  devoted  immediate 
attention  to  his  proposals,  and  already,  on  the  tenth  of  July, 
his  report  grant!  ig  to  the  Ohio  company  all  that  they  desired 
was  read  in  congress.* 

This  report,  which  is  entirely  in  the  handwriting  of  Edward 
Carrington,  assigns  as  gifts  a  lot  for  the  maintenance  of  public 
schools  in  every  township ;  another  lot  for  the  purpose  of  re- 
ligion ;  and  four  complete  townships,  "  which  shall  be  good  land, 
and  near  the  centre,"  for  the  purpose  of  a  university.  The  land, 
apart  from  the  gifts,  might  be  paid  for  in  loan-ofiice  certificates 
reduced  to  specie  value  or  certificates  of  liquidated  debts  of  the 
United  States.  For  bad  laud,  expenses  of  surveying,  and  in- 
cidental circumstances,  the  whole  allowance  was  not  to  exceed 
one  third  of  a  dollar  an  acre.  The  price,  therefore,  was  about 
sixty-six  cents  and  two  thirds  for  every  acre,  in  United  States 
certificates  of  debt.  But  as  these  were  then  worth  only  twelve 
cents  on  the  dollar,  the  price  of  land  in  specie  was  between 
eight  and  nine  cents  an  acre. 

On  the  ninth  of  July,  Eichard  Henry  Lee  took  his  seat  in 
congress.  His  presence  formed  an  era.  On  that  same  day  the 
report  for  framing  a  western  government,  which  was  to  have 
had  its  third  reading  on  the  tenth  of  May,  was  referred  to  a 
new  committee  t  of  seven,  composed  of  Edward  Carrington 

*  The  business  of  congress  was  done  with  closed  doors  and  with  rigid  secrecy. 
ITencc  some  slight  misconceptions  in  tlic  journal  of  Cutler.  N.  A.  Koview,  liii., 
334,  etc.  He  says  that  on  July  sixth  a  committee  was  appointed  to  consider  his 
proposal.  The  committee  was  appointed  not  on  July  sixth,  but  on  the  ninth 
of  Alay,  and  was  not  changed.  Its  report  is  to  be  found  in  vol.  v.  of  the  Reports 
of  Committees,  and  in  Old  Papers  of  Congress,  xix.,  27.  The  report  is  in  the 
handwriting  of  Edward  Carrington,  and  by  his  own  hand  is  indorsed:  "Report  of 
Committee  on  Memorial  of  S.  II.  Tarsons."  JIi.  'inomson's  hand  indorses  fur- 
ther :  "  Report  of  Mr.  Carrington,  Mr.  King,  Mr.  Dane,  Mr.  Sladison,  Jlr.  Benson. 
Read  July  10th,  17S7.  Order  of  the  day  for  the  eleventh."  On  what  day  it 
was  prcsontrd  is  not  recorded. 

f  In  the  Journals  of  Congress,  iv.,  751,  for  the  11th  of  July,  mention  is  mado 


if! 


I!   e> 


1787. 


THE  COLONIAL  SYSTEM  OF  AMERICA. 


287 


and  Dane,  Eichard  Henry  Lee,  Kean  of  South  Carolina,  and 
Melancthon  Smith  of  New  York.  There  were  then  in  con- 
gress five  southern  states  to  three  of  the  North ;  on  the  com- 
nvttee  two  northern  men  to  three  from  the  South,  of  whom  the 
two  ablest  were  Virginians. 

Tlie  committee,  animated  by  the  presence  of  Lee,  went  to 
its  work  in  good  earnest.  Dane,  who  had  been  actively  em- 
ployed on  the  colonial  govenmient  for  more  than  a  year,  and 
for  about  ten  months  had  served  on  the  committee  which  had 
the  subject  in  charge,  acted  the  part  of  scribe.  Like  Smith 
and  Lee,  he  had  opposed  a  federal  convention  for  the  reform 
of  the  constitution.  Tlie  three  agreed  very  well  together 
though  Dane  secretly  harbored  the  wish  of  finding  in  the  West 
an  ally  for  "eastern  politics."  They  were  pressed  for  time, 
and  found  it  necessary  finally  to  adopt  the  best  system  they 
could  get.  At  first  they  took  up  the  plan  reported  by  Mon- 
roe ;  but  new  ideas  were  started  ;  and  they  worked  with  bo 
mach  industry  that  on  the  eleventh  of  July  their  report  of  an 
ordinance  for  the  government  of  the  territory  of  the  United 
States  north-west  of  the  river  Ohio  was  read  for  its  first  time 
in  congress. 

The  ordinance  imbodied  the  best  parts  of  the  work  of  their 
predecessors.  For  the  beginning  they  made  the  whole  north- 
M-estcrn  territory  one  district,  of  which  all  the  officers  appointed 
by  congress  were  to  take  an  oath  of  fidelity  as  well  as  of  office. 
Jefferson,  in  his  ordinance  for  the  sale  of  lands,  had  taken  care 
for  the  equal  descent  of  real  estate,  as  well  as  other  property, 
to  children  of  both  sexes.  This  was  adopted  and  expressed  in 
the  forms  of  the  laws  of  Massachusetts.  The  rule  of  Jefferson 
was  followed  in  recpiiring  no  property  qualification  for  an  elect- 
or ;  but  was  not  extended,  as  Jefferson  had  done,  to  the  officers 
to  be  elected. 

The  committee  then  proceeded  to  establish  articles  of  com- 
pact, not  to  be  repealed  except  by  the  consent  of  the  original 
states  and  tlie  people  and  states  in  the  territory.     Among  these, 

that  the  report  of  a  committee  touching  the  temporary  government  for  the  west- 
ern territory  had  been  referred  to  the  committee.  I  find  an  indorsement  in  the 
State  Department  on  one  of  the  papers  that  the  day  on  which  that  reference  was 
made  was  July  ninth. 


»     I 


't  I 


i  -h 


I  \M 


iiy 


288 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  VI. 


■lit 


•!    . 


Ml 


as  ill  Massachusetts  and  Virginia,  were  freedom  of  religious 
worship  and  of  religious  tliought ;  and  various  articles  from 
the  usual  bills  of  rights  of  the  states. 

The  next  clause  bears  in  every  word  the  impress  of  the 
mind  of  Richard  Henry  Lee.  "  No  law  ought  ever  to  be  made 
in  said  territory  that  shall  in  any  manner  whatever  interfere 
with  or  conllict  with  private  contracts  or  engagements,  lonafide 
and  without  fraud  previously  formed."  This  regulation  re- 
lated particularly  to  the  abuse  of  jiapcr  money.* 

The  third  article  recognised,  like  the  constitution  of  Massa- 
chusetts, and  like  the  letter  of  Eufus  Putnam  of  lT83,t  that 
religion,  morality,  and  knowledge  arc  necessary  to  good  govern- 
ment and  the  hap])ines3  of  mankind,  and  declared  that  schools 
and  the  moans  of  education  shall  forever  be  encouraged. 

The  utmost  good  faith  Avas  enjoined  to\vard  the  Indians ; 
their  lands  and  property,  their  rights  and  liberty,  were  ordered 
to  be  protected  by  laws  founded  in  justice  and  humanity  ;  so 
that  jieace  and  friendship  with  them  might  ever  be  preserved. 
The  new  states,  by  compact  which  neither  party  alone 
could  change,  became,  and  were  forever  to  remain,  a  part  of 
the  United  States  of  America.     The  waters  leading  into  tho 
Mississippi  and  St.  Lawrence,  and  the  carrying  places  between 
them,  according  to  tho  successful  motion  of  Grayson  and  King, 
were  made  common  highways  and  forever  free.     The  whole 
territory  was  divided  into  three  states  only,  the  population  re- 
quired for  the  admission  of  any  one  of  them  to  tho  union  was 
fixed  at  sixty  thousand  ;  but  both  these  clauses  were  subject  to 
the  future  judgment  of  congress.     Tho  prayer  of  the  Ohio 

Ccttc  disposition  portc  pnrliciillorcmont  sur  Tubus  du  pnpicr  nionnaic." 
Otto  to  Motitniorin,  successor  of  Vergcnncs  nt  Versailles,  20  July  1787.  R,  II. 
Lee  to  George  Mason,  ChantiUy,  15  May  1787.  Life  of  Richard  Ilcnry  Lcc,  ii.j 
71-73.  Lee  hated  paper  money,  and  therefore  had  entreated  his  friends  in  tho 
convention  at  rhilndelphia  to  take  from  tho  states  tho  ri-ht  of  issuing  it.  More- 
over, ho  piqued  himself  upon  the  originality  of  hi;^  sug^'cstion :  "  a  proposition 
that  I  have  not  heard  mentioned."  Compare  Lee  to  Washington,  in  Sparks'a  Let- 
tera  to  Washington,  iv.,  174.  More  than  forty-two  years  later  Dano  claimed  for 
himself  "  originality  "  in  regard  to  the  clause  against  impairing  contracts  [Mas- 
sachusetts  Historical  Society  rroccedings,  18(57  to  18C9,  p.  47'.)],  but  contemporary 
evidence  points  to  R.  11.  Lee  as  one  with  whom  ho  must  nt  least  divide  tho 
honor. 

f  Tho  proposals  presented  by  Cutler  are  in  the  handwriting  of  Parsona. 


m:\ 


I 


1787. 


THE  COLONIAL  SYSTEM  OF  AMERICA. 


289 


company  liad  been  but  tliis :  "  Tho  settlers  sliall  bo  under  the 
immediate  government  of  congress  in  such  mode  and  for  such 
time  as  congress  shall  judge  proper;"  the  ordinance  contained 
no  allusion  to  slavery  ;  and  in  that  form  it  received  its  first 
reading  and  was  ordered  to  be  printed. 

Grayson,  then  tlio  presiding  officer  of  congress,  had  always 
opposed  slavery.  Two  years  before  he  had  wished  success  to 
tho  attempt  of  King  for  its  restriction ;  and  everything  points 
to  hirn  *  as  the  immediate  cause  of  the  tranquil  spirit  of  dis- 
interested statesmanship  which  took  possession  of  every  south- 
ern man  in  tho  assembly.  Of  the  members  of  Virginia, 
Eichard  Ilonry  Lee  liad  stood  against  Jefferson  on  this  very 
question  ;  but  now  he  acted  with  Grayson,  and  from  tlu3  states 
of  which  no  man  had  yielded  before,  every  one  chose  the  part 
which  was  to  bring  on  their  memory  the  benedictions  of  all 
coming  ages.  Obeying  an  intimation  from  the  South,  Nathan 
Dane  copied  from  Jefferson  tho  prohibition  of  involuntary 
servitude  in  tho  territory,  and  quieted  alarm  by  adding  from  tho 
report  of  King  a  clause  for  the  delivering  up  of  the  fugitive 
slave.  This  at  the  second  reading  of  the  ordinance  he  moved 
as  a  sixth  article  of  compact,  and,  on  the  thirteenth  day  of  July 
1787,  tlie  great  statute  forbidding  slavery  to  cross  the  river 
Ohio  was  passed  by  tho  vote  of  Georgia,  South  Carolina,  North 
Carolina,  Virginia,  Delaware,  New  Jersey,  New  York,  and 
Massachusetts,  all  the  states  that  were  then  present  in  congress. 
Pennsylvania  and  three  states  of  New  England  were  absent ; 

*  William  Giayaon  voted  for  King's  motion  of  rrfeicnce,  by  ^vl.iuli  tlio  prohi- 
bition  of  slavery  was  to  be  immediate;  he  expressed  the  hope  thatcon-rcsa  would 
be  liberal  cnou-I,  to  adopt  King's  motion  ;  he  f.'ave,  more  than  any  other  man  in 
congress,  cnicient  attention  to  the  territorial  questions;  in  1785  he  framed  and 
carried  through  congress  an  ordinance  for  tho  sale  of  western  lands  ;  his  inQucnce 
as  president  of  congress  was  great ;  his  record  as  a-aiiist  slavery  is  clearer  than 
that  of  any  other  southern  man  who  was  present  in  1787.  The  assent  of  Vir-'inia 
being  requisite  to  tho  validity  of  the  ordinance,  he  entreated  Monroe  to  obtain 
that  consent.  Tho  consent  was  not  obtained.  Though  in  shattered  health,  ho 
then  became  a  member  of  the  next  Virginia  legislature,  and  was  conspicuous  in 
obtaining  the  assent  of  Virginia.  Add  to  this  in  the  debate  on  excludin-  slavery 
from  the  territory  of  Arkansas,  Hugh  Nelson  of  Virginia  was  quoted  as  havin- 
ascribed  the  measure  to  (irayson.  Austin  Scott  fell  upon,  and  was  so  good  aa  to 
point  out  to  me,  this  passage  in  Annals  of  Congress  for  February  1819,  column 
1225.    Thus  far  no  direct  report  of  Nelson's  speech  has  been  found. 


f 

t    ; 


■  1 1 


290 


THE  FEDERAL  CONVENTION. 


B.  III. ;  CII.  VL 


:Vf: 


Ul 


,!' 


i  , 


Maryland  only  of  tlio  South.  Of  the  eighteen  members  of 
congress  who  answered  to  their  names,  every  one  said  "  ayo  " 
excepting  Abraham  Yates  the  younger  of  New  York,  who  in- 
sisted on  leaving  to  all  future  ages  a  record  of  his  want  of  good 
judgment,  riglit  feeling,  and  common  ecnse. 

Thomas  Jefferson  ,irst  summoned  congress  to  prohibit  slav- 
ery in  all  the  territory  of  the  United  States ;  Rufns  King  lifted 
up  the  measure  when  it  lay  almost  lifeless  on  the  ground,  and 
suggested  the  innnediate  instead  of  tlio  prospective  prohibition  ; 
a  congress  composed  of  five  southern  states  to  one  from  New 
England,  and  two  from  the  middle  states,  headed  by  ^Villirm 
Grayson,  supported  by  Richard  Henry  Lee,  and  using  Nathan 
Dane  as  scribe,  carried  the  measm-e  to  the  goal  in  the  amended 
form  in  which  King  had  caused  it  to  be  referred  to  a  committee ; 
and,  as  Jefferson  had  proposed,  placed  it  under  the  sanction 
of  an  irrevocable  compact.* 

The  ordinance  being  passed,  the  terms  of  a  sale  between 
the  United  States  and  Manasseh  Cutler  and  Winthrop  Sargent, 
as  agents  of  the  Ohio  company,  were  rapidly  brought  to  a 
close,  substantially  on  the  basis  of  the  report  of  Carrington.f 

The  occupation  of  the  purchased  lands  began  immSliat^ly, 
and  proceeded  with  the  order,  courage,  and  regularity  of  men 
accustomed  to  the  discipline  of  soldiei-s.  ''No  colony  in 
Ameiica,"  said  Washington  in  his  joy,  «  was  ever  settled  un- 
der such  favorable  auspices  as  that  which  has  just  commenced 
at  the  Muskingum.  Infonnation,  property,  and  strength  will 
be  its  characteristics.  I  know  many  of  the  settlers  personally, 
and  there  never  were  men  better  calculated  to  promote  the 
welfare  of  such  a  community."  ^  Before  a  year  had  passed  by, 
free  labor  kept  its  sleepless  watch  on  the  Ohio. 

But  this  was  not  enough..  Virginia  had  retained  the  right 
to  a  very  large  tract  nortli-west  of  the  Ohio ;  and  should  she 
consent  that  her  own  sons  should  be  forbidden  to  cross  the 
river  with  their  slaves  to  her  o^vn  lands  ? 

It  was  necessary  for  her  to  give  her  consent  before  the  or- 
dinance could  be  secure;  and  Grayson  earnestly  entreated 

*  Nathan  Dane  lo  Rufus  Kin{»,  16  July  nsT. 

f  Compare  Carrington'a  report  with  its  amended  form  in  Journals  of  Con- 
gress,  iv.  Appendix  17.  j  gp„u,,  j^.,  335. 


i.  '  ' 


1787.  THE   COLONIAL  SYSTEM  OF  AMERICA.  291 

Monroe  to  gain  tbat  consent  Lcforo  the  year  should  go  out 
But  Monroe  was  not  aiml  to  the  task,  and  nothing  was  accom- 
plished. 

At  the  next  election  of  the  assembly  of  Virginia,  Grayson 
who  was  not  a  candidate  in  the  preceding  or  the  followin^^ 
year,  was  chosen  a  delegate;  and  then  a  powei-ful  committee*' 
on  which  were  Carrington,  Monroe,  Edmund  Randolph,  and 
Grayson,  Guccessfully  brought  forward  the  bill  by  which  Vir- 
ginia confinned  the  ordinance  f(;r  tlie  colonization  of  all  the 
territory  then  in  the  possession  of  tlio  United  States  by  free- 
men alone. 

The  white  men  of  that  day  everywhere  held  themselves 
bound  to  respect  and  protect  the  black  men  in  their  liberty 
and  property.     The  suffrage  was  not  as  yet  regarded  as  a  right 
mcident  to  manhood,  and  could  be  extended  only  accordino-  to 
the  judgment  of  those  who  were  found  in  possession  o?  it. 
When  in  1785  an  act  providing  for  the  gradual  abolition  of 
slavery  within  the  .state  of  New  York,  while  it  placed  the  chil- 
dren born  of  slaves  in  the  rank  of  citizens,  deprived  them  of 
the  privileges  of  electors,  the  council  of  revision,  Clinton  and 
Sloss  Ilobart  being  present,  and  adopting  the  report  of  Chan- 
cellor Livingston,  negatived  the  act,  because,  "in  violation  of 
the  rules  of  justice  and  against  the  letter  and  spirit  of  the  con- 
stitution," it  disfranchised  the  black,  mulatto,  and  mustee  citi- 
zens who  had  heretofore  been  entitled  to  a  vote.     The  veto 
prevailed;*  and  in  the  stato  of  New  York  the  colored  man 
retained  his  impartial  right  of  suffrage  till  the  constitution  of 
1821.     Virginia,  which  continued  to  recognise  free  negroes  as 
citizens,  in  the  session  in  which  it  sanctioned  the  north-western 
ordinance,  enacted  that  any  person  who  should  be  convicted 
of  stealing  or  selling  any  free  person  for  a  slave  shall  suffer 
death  without  benefit  of  clergy.f     This  was  the  protection 
which  Virginia,  when  the  constitution  was  forming,  extended 
to  the  black  man. 


*  Street's  New  York  Council  of  Kcvision,  208,  209. 


f  Hcning,  xii.,  63L 


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202 


THE  FEDEIIAL  CONVENTION.        u.  iii. ;  oh.  vn. 


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t       i  ■-  S'      M 


ciiArTEu  vir. 

THE   CONSTITUTION    IN    DKIAIL.      Till;    POWICUS    OK   UONOItESS. 
0   AUCIUST  TO    10   SkI'TKMUMU    1787. 

The  twonty-throo  rosolutions  of  tliu  convoiitioii  woro  dis- 
tribiittHl  hy  tlio  committi'o  of  drtiiil  into  ua  iiuiny  articles,  whi(5h 
inchukHl  now  8ul>jocts  of  tlio  ^nivest  nionu-nt.  On  tlio  sixth 
of  An-;iist  17S7  ovory  mcmk'r  of  tlio  convention  received  a 
copy  of  tliis  draft  of  a  constitution,  printed  on  broadsides  in 
largo  tyi)i>,  with  wide  s])acea  and  margin  for  minutcH  of  amend- 
ments. •■^-  The  experience  of  more  than  two  months  had  in- 
spired its  members  with  the  courago  and  the  disposition  to 
make  still  bolder  grants  of  power  to  the  union. 

The  instrument  f  opens  with  the  sublime  words :  «  Wo,  tlio 
people  of  the  states,"  enumerating  New  Ilanii)sliiro  and  every 
other  of  the  thirteen,  'Mo  ordain,  declare,  and  establish  tlic 
following  constitution  for  the  government  of  oureelves  and  our 
posterity." ;}: 

When  in  1770  "  the  good  people  "  of  thirteen  colonies,  each 
having  an  orgaiuzcd  separate  home  government,  and  each 
hitherto  forming  an  integ-al  part  of  ono  common  empire, 
jointly  i>iv pared  to  declare  themselves  {n>Q  and  indejicndent 
states,  it  was  their  first  care  to  ascertain  of  whom  they  wcro 
composed.     The  (picstlon  they  agi-eed  to  investigate  and  decide 

*  Of  (hoso  cipios  Fix  have  been  examine.),  including  that  of  tho  president  of 
tho  eonvention,  and,  as  is  believed,  tliat  of  its  s.eretary. 

t  (Gilpin,  122(i;  Klliot,  S70, 

t  "  We  the  pe.iple  of  Massaehusetts— do— ordain  and  establish  tho  following 
•-constitution  of  eivil  government  for  oursclvca  and  posterity."  Preamble  to  tho 
livst  constitution  of  JIassaehusetts. 


1787. 


THE  POWERS  OF  OONGUESS. 


293 


by  a  joint  act  of  thorn  all.     For  tliin  ond 


:  congrcsHBoluotod  from 
Its  iiM.nlKM-H  fivo  of  itH  al)l.«st  j.iriHt:^  and  most  truHtod  HtatoH- 
nion:  John  Ad.uuH  of  MusHiichuHotts,  Thomas  .JoffcrHon  of  Vir- 
^'inia,  Edward  Kutlodgo  of  South  (Carolina,  .lanu-a  WilHon  of 
PonnHjIvania,  and  Jlobcrt  II.  Livin^Htou  of  Kow  York;  tlio 
faircKt  roprcHontation  that  could  havo  hcou  mado  of  Now  Kuir. 
land,  of  tho  South,  and  of  t.ho  central  Mtat-n.     Tho  committoo 
thought  not  of  o.td)arruH,slng  the.nHclvo.H  will,  tho  introduction 
of  any  now  theory  of  citi/.unHhip;  tlu^y  looked  Hol(,ly  for  cxiBt- 
mg  lactH.     They  found  colonics  with  well-known  territorial 
boundaries;  and  i.duibitants  of  tho  temtory  of  each  colony 
and  their  ui.animouH  report,  unanimously  accepted  by  con-ress* 
was :  "  All  persons  abiding  within  any  of  tho  Mr.Ited  ihAuniv- 
and  denvmg  protection  from  the  laws  of  the  Hamo,  owo  allegj! 
anco  to  tho  Buid  laws,  and  arc  iriombera  of  Huch  colony."* 
From  "  p(uv;()ns  making  a  visitation  or  temjKirary  Htay,"  only  a 
Hocondary  allegiance  was  held  to  bo  duo. 

When  tho  articdes  of  confederation  wcro  framed  with  tho 
grand  princi])lo  of  intercitlzenship,  which  gave  to  tho  Ameri- 
can confederation  a  superiority  over  every  one  that  preceded 
it,  tho  Bamo  definition  of  membership  of  the  conurmnity  wasi 
repeated,  except  that  intercitizenship  was  not  extended  to  tho 
pauper,  or  tho  vagabond,  or  the  fugitive  from  justice,  or  tho 
filave.  And  now  these  free  inhabitants  of  every  one  of  tho 
United  States,  this  collective  pe(»plo,  proclaim  their  common 
intention,  by  their  own  imiato  life,  to  institute  a  general  gov- 
ernment. 

For  the  name  of  tho  government  they  chose  "Tlio  United 
States  of  America";  words  which  expressed  unity  in  plural- 
ity and  being  oidoarcd  by  nijaga  were  prcferrod  to  any  now 
description. 

That  there  might  bo  no  room  to  question  where  paramount 
allegiance  would  be  due,  tho  second  article  declared:  "Tho 
government  shall  consist  of  supreme  legislative,  executive,  and 
judicial  powers."  f 

To  maintain  that  supremacy,  the  legislature  of  tho  United 
States  was  itself  authorized  to  carry  into  execution  all  powers 
vested  by  this  new  constitution  in  tJie  government  of  the  Unit- 

•  Journals  of  Congress  for  5,  17,  and  21  June  1770.     f  Gilpin,  122G  ;  Elliot,  S77. 


il 

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294 


THE  FEDERAL  CONVENTION. 


HI- 1 


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'    \    *■'   i 


>      1 


B.  III. ;  en.  VII. 

ed  States,  or 'in  any  of  its  departmonts  or  offices.-*  TIio  uamo 
congress  was  adopted  to  mark  the  two  branches  of  the  legisla- 
ture, which  were  now  named  the  house  of  representatives' and 
the  senate ;  the  house  still  taking  precedence  as  the  first  branch. 
The  executive  was  henceforward  known  as  "  the  President." 

The  scheme  of  erecting  a  general  government  on  the  au- 
thority of  the  state  legislatures  was  discarded ;  and  the  states 
were  enjoined  to  prescribe  for  the  election  of  the  members  of 
each  branch  regulations  subject  to  be  altered  by  the  legislature 
of  the  United  States  ;  but  the  convention  itself,  in  its  last  days 
unanimously  reserved  to  the  states  alone  the  right  to  establish 
the  places  for  choosing  senators.f 

To  ensure  the  continuous  succession  of  the  government,  the 
bgisUture  wag  ordered  to  meet  on  the  first  Monday  in  Decem- 
ber in  every  year,:j:  "unless,"  added  the  convention,  "congress 
should  by  law  appoint  a  different  day." 

To  complete  the  independence  of  congress,  provision  needed 
to  be  made  for  the  sui^port  of  its  members.     The  committee  of 
detail  left  them  to  be  paid  for  their  services  by  their  respective 
states ;  but  this  mode  would  impair  the  self-sustaining  charac- 
ter of  the  government.    Ellsworth,  avowing  a  chang°of  opin- 
ion, moved  that  they  should  be  paid  out  of  the  Ti-ea^ury  of  the 
United  States.*     "  If  the  general  legislature,"  said  Dickinson, 
"  should  be  left  dependent  on  the  state  legislatures,  it  would 
be  happy  for  us  if  we  had  never  met  in  this  room."     The  mo- 
tion of  Ellsworth  was  carried  by  nine  states  against  Massachu- 
setts and  South  Carolina.  [|     The  compensation  which  he  and 
Sherman  would  have  fixed  at  five  dollars  a  day,  and  the  same 
for  every  thirty  miles  of  travel,  ^^as  left  "  to  be  ascertained  by 
law."  ^  "^ 

In  the  distribution  of  representatives  among  tlic  states  no 
change  was  made ;  but  to  the  rule  of  one  member  of  the  house 
for  every  forty  thousand  inhabitants  Madison  objected  that  in 
the  coming  increase  of  population  it  would  render  the  number 
excessive.     "The  government,"  replied   Gorhari,  "will  not 

♦Gilpin,  1233;  Elliot,  379. 

t  Gilpin,  1229,  1279,  1281,  1232,  15t5,  1608;  Elliot,  377,401,  402   559 
t  Gilpin,  1227  ;  Elliot,  377.  «  Gilpin,  931,  132G  ;  Elliot,  220,  425. 

II  Gilpin,  132!) ;  Elliot,  427.  a  Qiipj^^  133^ .  ^^^.      4^7 


i    i    lli. 


i : 


1787. 


THE  POWERS   OF  CONGKESS. 


295 


last  so  long  as  to  produce  tliis  cUcct.  Cau  it  bo  supposed  that 
this  vast  country,  including  tho  western  territory,  will  one  huu- 
drcd  and  iifty  years  hence  remain  one  nation  ?  "  "-  Tho  clause 
was  for  tho  time  unanimously  made  to  read :  '•  not  exceeding 
one  for  every  forty  thousand." 

As  tho  first  qualification  for  membership  of  the  legislature, 
it  was  agreed,  and  it  so  remains,  that  tho  candidate  at  the  time 
of  las  election  should  be  an  inhabitant  of  the  state  in  which  ho 
should  bo  chosen.  It  is  not  required  that  a  representative 
should  reside  in  tho  district  \vhich  he  may  bo  elected  to  repre- 
sent. 

Citizenship  was  indis])cnsable ;  and,  before  a  comer  from  a 
foreign  country  could  be  elected  to  the  house,  he  must,  accord- 
nig  to  the  report,  have  been  a  citizen  of  the  United  States  for 
at  least  three  years ;  before  eligibility  to  the  senate,  for  at  lea^t 
four.  "  I  do  not  choose,"  said  Mason,  "  to  let  foreigners  and 
adventurers  make  laws  for  us  and  govern  us  without  that  local 
knowledge  Avhich  ought  to  be  possessed  by  the  representative." 
And  he  moved  for  seven  years  instead  of  three.f  To  this  all 
tho  states  agreed  except  Connecticut. 

From  respect  to  Wilson,  who  was  born  and  educated  in 
Scotland,  tho  subject  was  taken  up  once  more.  Gerry,  on  the 
thirteenth,  wished  none  to  be  elected  but  men  born'  in  the 
land.  AVilliamson  preferred  a  residence  of  nine  years  to 
seven.  ^  Hamilton  proposed  to  require  only  citizenship  and 
inhabitancy,*  and  Madison  seconded  him.  In  proof  of  the 
advantage  of  encouraging  emigration,  Wilson  cited  Pennsyl- 
vania, the  youngest  settlement  on  the  Atlantic  except  Georgia, 
yet  among  the  foremost  in  population  and  prosperity;  almost 
all  the  general  officers  of  her  line  in  the  late  army  and  three  of 
her  deputies  to  the  convention—Robert  Morris,  Fitzsimons, 
and^  himself— were  not  natives.  ||  But  Connecticut,  Pennsyl- 
vania, Maryland,  and  Virginia,  which  voted  with  Hamilton 
and  Madison,  were  overpowered  by  the  seven  other  states,  of 
which,  on  this  question,  New  Hampshire,  South  Carolina,  and 
Georgia  were  the  most  stubborn.^ 


*  Gilpin,  1263;  Elliot,  392. 

t  Gilpin,  1256,  1257;  Elliot,  389. 

If  Gilpin,  1299;  Elliot,  411. 


*  Gilpin,  1299,  1300;  Elliot,  411. 
I  Gilpin,  1300,  1301 ;  Elliot,  412. 
^Gilpin,  1301;  Elliot,  412. 


It.     ii 


E^ili 


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2i)Q 


THE  FEDERAL  CONVENTION. 


n.  in. ;  cu.  rii. 


(iouvernciir  .^[orris  (k>.siml  tliat  tho  i^roviso  of  bovcu  yoars 
should  not  ttflcct  any  ])or.son  then  a  citizen.  On  this  candid 
motion  New  Jersey  joined  tlio  four  nioro  liberal  states;  but 
Kutlod^'c,  Cliarles  Pincicney,  lyfiuson,  and  Baldwin  spoko'with 
inveterate  tenacity  for  tlio  disfranchiaenient  against  CJorham 
Madison,  IVIorris,  and  Wilson;  and  the  motion  was  lost  by  five 
fitatcs  to  six.* 

For  a  senator,  citizenship  for  nino  years  ^vaa  required- 
Connecticut,  Pennsylvania,  and  Maryland  alone  findin-  tho 
number  of  years  exccssive.f  Three  days  later,  power"  was 
vested  m  tlie  legislature  of  the  United  States  to  establish  a  uni- 
form rule  of  naturalization  throughout  tho  United  States  ± 

The  committeo  of  detail  had  evaded  tho  question  of  a  prop- 
crty  qualification  for  tho  members  of  tho  federal  legislature 
and  other  branches  of  tho  government  by  referring  it*to  ler-is- 
lativo  discretion.     Charles  Pincicney,  who  wished  to  reqifiro 
for  tho  president  a  fortune  of  not  less  than  a  hundred  thousand 
dollars,  for  a  judge  half  as  much,  and  a  like  proportion  for  tho 
members  of  the  national  legislature,  ventured  no  more  than  to 
move  goiiorally  that  a  property  qualification  should  be  required 
of  them  all.**     Franklin  made  answer:  "I  dislike  everything 
that  tends  to  debase  tho  spirit  of  the  common   people.     If 
honesty  is  often  tho  companion  of  wealth,  and  if  poverty  is 
exposed  to   peculiar  temptation,  the  possession  of  property 
increases  tho  desire  for  more.     Some  of  tho  greatest  rogues  I 
was  ever  acquainted  with  were  the  richest  rogues.     Eemember, 
the  scripture  requires  in  rulers  that  they  should  bo  men  hating 
covetousncss.     If  this  constitution  should  betray  a  great  par- 
tiality to  the  rich,  it  will  not  only  hurt  us  in  the  esteem  of  the 
most  liberal  and  enlightened  men  in  Europe,  but  discourage 
the  common  people  from  removing  to  this  country."  ||     The 
motion  was  rejected  by  a  general  "  no."     The  question  was  for 
a  while  loft  open,  but  the  constitution  finally  escaped  without 
imposing  a  property  qualification  on  any  person  in  the  public 
employ. 

Various  efforts  wcra  made  by  Gorham,  Mercer,  King,  and 


*Gilpin,  1301-1G03;  Elliot,  412-414. 
+  (Jilpin,  1S05  ;  Elliot,  414. 
t  Elliot,  i.,  246. 


«  Gilpin,  1283,  1284;  Elliot,  402,  408. 
J  Gilpin,  1284,1285;  Elliot,  403. 


} 


1787. 


THE   POWERS   OF  CONGRESS. 


297 

Goiivomoiir  Morris  to  follow  tlio  precedent  of  tl.o  British  par- 
lamont,  and  constitute  a  less  number  than  a  majority  in  each 
house  sufficient  for  a  quorum,  lc8t  the  secmsion  of  a  few  mem- 
bers should  fatally  interrupt  the  course  of  public  business. 
But  by  the  exert.ons  of  Wilson  and  Ellsworth,  Uandolph  and 
Madison,  power  was  all  but  unanimously  given  to  each  branch 
to  compel  the  attendance  of  absent  members,  in  Gueh  manner 
and  under  such  pe:mltles  as  each  hou.o  might  provide.  More- 
over, each  house  received  the  power,  unl<nown  to  the  confed- 
eracy, to  expel  a  member  witli  the  concurrence  of  two  thirds 
of  those  votuiff.* 

What  should  distinguish   the  "electors"  of  the   United 
States  from  their  citizens?  the  constituency  of  the  house  of 
representatives  of  the  United  States  from  the  people  ?    The 
report  of  the  committee  ran  thus:  "The  qualilications  of  the 
c  ec tors  shall  be  the  same,  from  time  to  time,  as  those  of  the 
electors  in  the  several  states  of  the  most  numerous  branch  of 
their  ovvn  legislatures."  f     Gouverneur  Morris  desired  to  re- 
strain the  right  of  suffrage  to  freeholders ;  and  he  thought  it 
not  proper  that  the  qualifications  of  the  national  legislature 
should  depend  on  the  will  of  the  states.     "The  states,"  said 
Ellsworth,  "are  the  best  judges  of  the  circumstances  and  tem- 
per of  their  own  people."  t    «  Eight  or  nine  states,"  remarked 
Mason,  -have  extended  the  right  of  suffrage  beyond  the  free- 
holders   ,  What  will  the  people  there  say  if  any  should  be 
disfraneh^ed?"**     "Abridgments  of  the  right  of  suffrage," 
declared  Butler,  "tend  to  revolution."     "The  freeholder^  of 
the  country,"  replied  Dickinson,  "are  the  best  guardians  of 
liberty  ;  and  the  restriction  of  the  right  to  them  is  a  necessary 
defence  against  the  dangerous  influence  of  those  multitudes 
without  property  and  without  principle,  with  which  our  coun- 
try like  dl  others,  will  in  time  abound.    As  to  the  unpopu- 
larity of  the  mnovation,  it  is  chimerical.     The  great  mass  of 
our  citizens  is  composed  at  this  time  of  freeholders,  and  will 
be  pleased  with  it."     "  Ought  not  every  man  who  pays  a  tax," 
asked  Ellsworth,  "to  vote  for  the  representative  who  is  to  levy 
and  dispose  of  his  money  2  "  fl     "  The  time,"  said  Gouvernei^ 

*  ^'"P'".  1201  ;  Elliot,  407.  1  Gilpin   I007  .  yu...   „^ 

t  Gilpin.  12.0 ;  Elliot.  386.         «  Ibid.        i  Gilpin',  ml  \  "£!,  lH 


^HB  f 


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298 


THE  FEDERAL  CONVENTION.         n.in.;on.yn. 


I  '» I 


I    I 


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i  '  ) 


Morris,  "is  not  distant  when  this  country  will  abound  with 
mechanics   and  manufacturers,  who  will  receive  their  bread 
from  their  employers.     Will  such  men  be  the  secure  and  faifh- 
f  ul  guardians  of  liberty— the  imi^regnable  barrier  against  aris- 
tocracy?    'riic  ignorant   and  the  dependent  can  be  as  little 
trusted  with  the  public  interest  as  children.     Nine  tenths  of 
the  people  are  at  present  freeliolders,  and  these  will  certainly 
be  pleased  with  the  restriction."  *     "The  true  idea,"  said  Ma- 
son, "  is  that  every  man  having  evidence  of  attachment  to  the 
society,  and  permanent  common  interest  with  it,  ought  to  share 
in  all  its  rights  and  privileges."     "  In  several  of  the  states," 
said  Madison,  "  a  freehold  is  now  the  qualification.    Yiewing 
the  subject  in  its  merits  alone,  the  freeholders  of  the  country 
would   bo  the  safest  depositories  of  republican  liberty.     In 
future  times,  a  great  majority  of  the  people  will  not  only  bo 
without  property  in  land,  but  property  of  any  sort.     These 
will  either  combine  under  the  influence  of  their  common  situa- 
tion, in  which  case  the  rights  of  property  and  the  public  lib- 
erty will  not  be  secure  in  their  hands,  or,  what  ic  more  proba- 
ble, they  will  become  the  tools  of  opulence  and  ambition ;  in 
which  case  there  will  be   equal  danger  on  another  side."t 
Franklin  reasoned  against  the  restriction  from  the  nobleness 
of  character  that  the  possession  of  the  electoral  franchise  in- 
spires. ^     "  The  idea  of  restraining  the  right  of  suffrage  to  the 
freeholders,"  bo.id  Rutledge,  "  would  create  division  among  the 
people,  and  make  enemies  of  all  those  who  should  be  exclud- 
ed." »    The  moveixient  of  Morris  toward  a  freehold  qualifica- 
tion  gained  no  vote  but  that  of  Delaware  ;  and  the  section  aa 
reported  was  unanimously  approved. 

Each  state  was  therefore  left  to  fix  for  itself  within  its 
o^\•n  limits  its  conditions  of  suffrage ;  but  where,  as  in  New 
York  and  Maryland,  a  discrimination  was  made  in  different 
elections,  the  convention  applied  the  most  liberal  rule  adopted 
in  the  state  to  the  elections  of  members  of  congress,  accepting 
in  advance  any  extensions  of  the  suffrage  that  in  any  of  the 
states  might  grow  out  of  the  development  of  republican  insti- 
tutions.   Had  the  convention  established  a  freehold  or  other 


*  Gilpin,  1252  ;  Elliot,  380,  387. 
t  Gilpin,  1253;  Elliot,  387. 


t  Gilpin,  1254;  Elliot,  3S8. 
«  Gilpin,  1255 ;  Elliot,  388. 


1787. 


THE  POWERS  OF  CONGRESS. 


299 

rtS::/ti:u:sirf' '-^  *"'^°  "^"  ^^-^ '"» 

the  union.  °"™  '"'°  "^"7  «™  "f  tie  states  of 

utes  alike  of  Virginia  an^S.  r     r  ^^.^^^^^^^^7,  in  stat- 

thongh  m  Virginia,  Sonth  Carolina  and  Georda  ani  ,„  nT 
ware,  for  all  except  those  who  before  1787^'/,  '"^''"^ 

of  b  ac^^'en     nd  toT  "  •  "™^  *°  <"'""'^''  '^"^  "^h^ 

.^an,..Se:t:Vtt-S:^ 

2*  the  other  inl^bitants."  f    The  convention  hTagre^d^^^ 
the  ennmeraton  of  two  fifths  of  the  slaves  in  the  rep^elentl 
t™  popnlabon;  bnt  a  new  complication  was  introduceTlt 
ae  sancfon  which  the  committee  of  detail  had  1  n    o  be  pe' 
petnity  of  the  slave-trade.  ^ 

tlJ^I"^  ^i  ^"^^  ^^  """°  compromise  on  the  subicct  of 
he  s lavctrade  and  slavery.     "I  never  can  agree,"  sa  d  he  L 

L°itt^^ft*^  "'f^  "'"  '^' «'"-'^-' ported  wit;? 
Inmton  of  time,  and  be  represented  in  the  national  legisla- 

Gouvernenr  Morris  then  moved  that  there  sbonld  be  no 
representation  but  of  «  free  inhabitants."    "  I  never  will  con 

t^^  "'utT'  '"Tf "  ^'"™'7'  I'  '^  ^  noftz:  z: 

Colar!  "!  *V™'=  °  ''«"^"  on  the  states  where  it  prevails. 
Compare  the  free  regions  of  the  middle  states,  where  a  rich 
and  noble  cnlt.vation  marks  the  prosperity  and  happL^of 


VOL.  VI. — 21 


1  --i'pin,  12G2;  Elliot,  oV2 


'?  ! 


4 

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800 


THE  FEDERAL  CONVENTION. 


tho  people,  with  the  misery  and  poverty  which  overspread  the 
barren  wastes  of  Virginia,  Maryland,  and  tho  other  states 
having  slaves.  Travel  through  the  whole  continent,  and  you 
behold  the  prospect  continually  varying  with  tho  appearance 
and  disapj)earanco  of  slavery.  Tho  moment  you  leave  the 
eastern  states  and  enter  New  York,  tho  effects  of  the  institu- 
tion become  visible.  Passing  through  the  Jerseys  and  enter- 
ing Pennsylvania,  every  criterion  of  superior  improvement 
witnesses  the  change;  proceed  southwardly,  and  every  step 
you  talce  through  the  great  regions  of  slaves  presents  a  desert 
increasing  with  the  increasing  proportion  of  these  wretched 
beings.  Upon  what  principle  shall  slaves  be  computed  in  the 
representation  ?  Arc  they  men  ?  Then  make  them  citizens, 
and  let  them  vote.  Arc  they  property?  Why,  then,  is  no 
other  property  included  ?  The  houses  in  this  city  are  worth 
more  than  all  the  M'rctchcd  slaves  \\\o  cover  the  rice-swamps 
of  South  Carolina.  The  admission  of  slaves  into  the  represen- 
tation, when  fairly  explained,  comes  to  this:  that  the  inhabit- 
ant of  Georgia  and  South  Carolina  who  goes  to  the  coast  of 
Africa,  and  in  defiance  of  the  most  sacred  laws  of  humanity 
tears  away  his  fellow-creatures  from  their  dearest  connections 
and  damns  them  to  tho  most  cruel  bondage,  shall  have  more 
votes  in  a  governmont  instituted  for  protection  of  the  rights  of 
mankind  than  the  citizen  of  Pennsylvania  or  New  Jersey,  Avho 
views  with  a  laudable  horror  so  nefarious  a  practice.  I  will  add, 
tliat  domestic  slavery  is  the  most  prominent  feature  in  the  aris- 
tocratic countenance  of  the  proposed  constitution.  Tho  vassal- 
age of  the  poor  has  ever  been  the  favorite  offspring  of  aristoc- 
racy. And  what  is  the  proposed  compensation  to  tho  northern 
states  for  a  sacrifice  of  every  principle  of  right,  of  every  im- 
pulse of  humanity  ?  They  are  to  bind  themselves  to  march 
their  militia  for  the  defence  of  the  southern  states  against  those 
very  slaves  of  whom  they  complain.  They  must  supply  vessels 
and  seamen,  in  case  of  foreign  attack.  The  legislature  will 
have  indefinite  power  to  tax  them  by  excises  and  duties  on  im- 
ports, both  of  which  will  fall  heavier  on  them  than  on  the 
southern  inhabitants.  On  the  other  side,  the  southern  states 
are  not  to  be  restrained  from  importing  fresh  supplies  of 
wretched  Africans,  at  once  to  increase  the  danger  of  attack  and 


1787. 


THE  POWERS  OF  CONGRESS. 


301 

"r-i  ^f S4i;,f :-r.:  r-r  *- " 

tax  for  paving  Z  aMH  '•°™'"' ""''""''  "^'^'^'f  '<>  » 

Baddlc.pLerhywih  ,'  ""'^'"""'  !"  "'"  ""i^d  States  t!mn 
the  motion     fat^*  ?  l"  "'"'^""'"'"'■"  *    D»yton  seconded 

whatever  :;,ig  ^  t f  T'of  Z  *'"  "''f'  "'«""  "PP^. 
Pineknoy  "couside  J  I  i^elstd^tr  t^'^  '^'^'^ 
more  b„rde.,Bo,„o  to  the  VM^tj"?^''''"'""'' 
W,-l«..»  fi        1.  LJnitea  btatcs  than  tho  6l'ivos"  + 

Jersey  voted  avo  ton  c+of«o  •     ^i  ""*«  pft-inatuie.     J\ew 

slave-tnvdi  ^      "'"  ''"'^S''^  ""  "«^  »nti,manee  of  the 

foreign  CO  n    to  r  M      .     ^T^  '""'  '•'='?"'''*«  *'«=  ™l»o  of 

Ht,1e  d-ff"cr:^:^i:rr  "''"^'"'^O  -  "'«  -'^'''^  ««.' 
No  one  disputed  the  necessity  of  clothing  the  United 
taradldT":-" *" '""™" ""'"'>■■"    The  comm    ee  of  de 

tt':rof%rsrsti:'"  ,''z^='™  "rr"  ^ 

t.„  •    T-  "J""™  istatos.    I    lour  years  before,  Hamil- 

ton, m  his  earefnl  ennmcration  of  tho  defects  in  the  confeder- 
at,on,  pronounced  that  this  authority  "to  emit  an  unfunded 
paper  as  the  sign  of  value  ought  not  to  continue  a  formalmrt 
of  the  constitution,  nor  over,  hereafter,  to  be  cmploycdT  bof^ 
m  .  sna  ure,  pregnant  with  abuses,  and  liable  to  bo  mad  tho 

Svlrnlvr  r/"'  f™"^'    ''"M-S  out  tempWions 
ZST  ~""°  -"'"^^'^  "'  government  ani  to  the 


*niIpin,12G3-1205;  Elliot,  392,  .393 
tttilpin,  1266;  Elliot,  893. 

t  Gilpin,  126«,12e0;  Elliot,  8&5-397. 


*Oilpin,  1343;  Elliot,  431. 
H  nilpin,  1232;  Elliot,  878. 
-^  Hamilton's  Work.s,  ii.,  271. 


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302 


THE   FEDERAL  CONVENTION.        b.  iii.;  en.  tii. 


Gouverneur  Morris  on  the  fifteenth  recited  the  history  of 
paper  emissions  and  the  perseverance  of  the  legislative  assem- 
hlies  in  repeating  them,  though  well  aware  of  all  their  distress- 
ing effects,  and  drew  the  inference  that,  were  the  national  legis- 
lature formed  and  a  war  to  break  out,  this  ruinous  expedient, 
if  not  guarded  against,  would  be  again  resorted  to.*  On  the 
sixteenth  he  moved  to  strike  out  the  power  to  emit  bills  on  the 
credit  of  the  United  States.  "  If  the  United  States,"  said  he, 
"have  credit,  such  bills  will  be  unnecessary ;  if  they  have  not, 
they  will  be  unjust  and  useless."  f  Butler  was  urgent  for  dis- 
arming the  government  of  such  a  power,  and  seconded  the 
motion. ;}:     It  obtained  the  acquiescence  of  Madison. 

Mason  of  Virginia  "  had  a  mortal  hatred  to  paper  money, 
yet,  as  he  could  not  foresee  all  emergencies,  he  was  unwilling 
to  tie  the  hands  of  the  legislature.  The  late  war  could  not 
have  been  carried  on  had  such  a  prohibition  existed."  *  "  The 
power,"  said  Gorham,  "  as  far  as  it  will  be  necessary  or  safe,  is 
involved  in  that  of  borrowing  money."  |  Mercer  of  Mary- 
land was  unwilling  to  deny  to  the  government  a  discretion  on 
this  point ;  besides,  he  held  it  impolitic  to  excite  the  opposition 
to  the  constitution  of  all  those  who,  like  himself,  were  friends 
to  paper  money.^  "  This,"  said  Ellsworth,  "  is  a  favorable 
moment  to  shut  and  bar  the  door  against  paper  money,  which 
can  in  no  case  be  necessary.  The  power  may  do  harm,  never 
good.  Give  the  government  credit,  and  other  rcsoui'ces  will 
offer."  ^  Eandolph,  notwithstanding  his  antipathy  to  paper 
money,  could  not  foresee  all  the  occasions  that  might  arise.  I 
"  Paper  money,"  said  Wilson,  "  can  never  succeed  while  its 
mischiefs  are  remembered ;  and,  as  long  as  it  can  be  resorted 
to,  it  M-ill  be  a  bar  to  other  resources."^  "Eather  than  give 
the  power,"  said  John  Langdon  of  New  Hampshire,  "  I  would 
reject  the  whole  plan."  ^ 

With  the  full  recollection  of  the  need,  or  seeming  need,  of 
paper  money  in  the  revolution,  with  the  menace  of  danger  in 


♦Gilpin,  1334;  Elliot,  420. 
f  Gilpin,  1343;  Elliot,  434, 
X  Gilpin,  1344 ;  Elliot,  434. 
*  Ibid. 
1  Gilpin,  1344  ;  Elliot,  435. 


^  Giliiin,  1344,  1345;  Elliot,  435. 

0  Gilpin,  1345;  Elliot,  435. 
i  Ibid. 

1  Ibid. 

I  Gilpin,  1346  ;  Elliot,  435, 


I 
.r 

I 


17ST. 


THE  POWERS  OF  CONGEESS. 


303 

fotnre  timo  of  war  from  its  prohibition,  authority  to  israo  bills 
of  crod.t  that  should  bo  legal-tender  was  refused  to  the  LneS 
government  by  the  vote  of  nine  states  against  New  J^ev 
and  Maryhnd.  It  was  Madison  who  decided  the  voti  of  V  r^ 
gm,a;  and  he  has  left  his  testimony  that  "the  pretext  for  a 
paper  curreney  and  partieularly  for  making  tI>o  hills  a  tender 
01  her  for  pubbe  or  private  debts,  was  cut  off."  This  Tthe 
m terpretafon  of  the  clause,  made  at  the  time  of  its  adopt  on 

statesmen  of  that  age,  not  open  to  dispute  because  too  dear  for 
argument,  and  never  disputed  so  long  as  any  one  man  who  took 
part  .n  frammg  the  constitution  remained  alivo 

History  can  not  name  a  man  who  has  gained  endurimr 
honor  by  causmg  the  issue  of  paper  money.  Vherever  sS 

.3«;  Ell,   IsT^"'!!':?"'''''''';";""  «■'■•■»."«-'««.-<.  note  „„ 

"  By  our  original  Articles  of  Confederation,  the  con-rcss  have  nownr  f„  h 
n.oney  and  e.it  bills  of  credit  on  the  credit  'of  the  U^^d  Sta  es^^^^^^^^^^^^^^^^ 
wlucii  was  the  report  on  this  system  as  made  by  the  committee  of  detail      Whonw 
CO..  to  this  part  of  the  report,  a  motion  was  made  to  strike  out  1 1  :tds^^^^^^^^^^^ 

the  congress  of  that  power ;  that  it  would  be  a  novelty  unprecedented  to  Ltl  7 

case  refused  to  tr,/*,         .,  ""  °^  "  ^"P^""  '"^•^«'«"  '"^  ^"7  Possible 

'^.K.  ui  uie  consututiua  iu  it:;  mil  mtegiity  and  vigor. 


H 


1 

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304 


THE  FEDERAL  CONVENTION. 


D.  HI. ;  en.  vri. 


liT* 


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( 


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1 

i.j;.. 

paper  has  been  cmployeu,  it  has  in  every  case  thrown  upon  its 
authors  the  burden  of  exculpation  under  the  plea  of  pressino- 
necessity. 

Paper  money  has  no  hold,  and  from  its  very  nature  can  ac- 
quire no  hold,  on  the  conscience  or  affections  of  the  people. 
It  impairs  all  certainty  of  possession,  and  taxes  none  so  heavily 
as  the  class  who  earn  their  scant  possession  by  daily  labor.  It 
injures  the  husbandman  by  a  twofold  diminution  of  the  ex- 
changeable value  of  his  i.-.v",  st.  It  is  the  favorite  of  those 
who  seek  gain  without  willingness  to  toil ;  it  is  the  deadly  foo 
of  industry.  No  powerful  political  party  ever  permanently 
rested  for  sujipoi-t  on  the  theory  that  it  is  M'ise  and  right.  No 
statesman  has  been  thought  well  of  by  his  kind  in  a  succeeding- 
generation  for  having  been  its  promoter.* 

In  the  plan  of  government,  concerted  between  the  members 
from  Connecticut,  especially  Sherman  and  Ellsworth,  there  was 
this  further  article:  "That  the  legislatures  of  the  individual 
states  ought  not  to  possess  a  right  to  emit  bills  of  credit  for  a 
currency,  or  to  make  any  tender  laws  for  the  payment  or  dis- 
charge of  debts  or  contracts  in  any  manner  dillerent  from  the 
agreement  of  the  parties,  or  in  any  mamier  to  ol/Struct  or  im- 
pede the  recovery  of  debts,  whereby  the  interests  of  foreigners 
or  the  citizens  of  any  other  state  may  be  affected."t 

The  committee  of  detail  had  reported :  "  No  state,  without 
the  consent  of  the  legislature  of  the  United  States,  shall  emit 
bills  of  credit.  With  a  nobler  and  safer  trust  in  the  power  of 
truth  and  right  over  opinion,  Sherman  on  the  twenty-eighth, 
scorning  compromise,  cried  out :  "  This  is  the  favorable  crisis 
for  crushing  paper  money,"  and,  joining  Wilson,  they  two  pro- 
posed to  make  the  prohibition  absolute.     Gorham  feared  that 

*  Thi.H  paragraph  is  a  very  feeble  abstract  of  the  avowed  convictions  of  the 
great  statesmen  and  jurists  who  made  the  constitution.  Their  words  are  homely 
nnd  direct  condemnation ;  and  they  come  not  from  one  party.  Richard  Henry 
Lee  is  as  strong  in  his  denunciation  as  Washington,  Sherman,  or  Robert  R.  Living- 
fiton.  William  Taterson  of  New  Jersey  wrote  in  1786  as  follows  :  "  An  increase 
of  paper  money,  especially  if  it  be  a  tender,  will  destroy  what  little  credit  is  left; 
will  bewilder  conscience  in  the  mazes  of  dishonest  speculations  ;  will  allure  some 
and  constrain  others  into  the  perpetration  of  knavish  tricks ;  will  ttn-n  vice  into  a 
legal  virtue  ;  and  sanctify  iniquity  by  law,"  etc.— From  the  holograph  of  William 
Paterson. 

f  Sherman's  Life,  in  Biography  of  the  Signers,  ii.,  43. 


irsr. 


THE  POWEKS  OP  COKGBESS. 


805 

the  absolute  prolubition  would  rouse  the  most  desperate  onno- 
s.t,on  ;  but  four  northern  states  and  four  southern  stt  c    Sv 
and  be.ng  divided,  New  Je,^ey  absent,  and  VirK,  "  InZ 

eW,  "No  s.to  sha„  n,.:^  ^  tn,  ^^12:^2 

tient  state     So  the  adoption  of  the  constitution  is  to  be  tlie  end 
Wer  of  i,aper  money,  whetlier  issued  bv  the  severa   states 
or  by  the  United  states,  if  the  constitation-shall  be  ri"  t^ta 
terprcted  and  Iionestly  obeyed.  "g"t'7  m- 

It  was  ever  the  wish  of  Sherman  and  Ellsworth  to  prohibit 
the  d  sehargo  of  debts  or  eontraets  in  any  manner  diffemit 
from    he  agreement  of  the  parties."    Among  the  „Sn 
made  by  the  states  on  the  rights  of  other  states,  lltdZ  in 
his  enumeration,*  names  the  enforeed  payment  of  debts    n 
paper  money,  tlie  enforced  discharge  of  "bts  by  tl  e  convev 
anee  of  land  or  other  property,  the  instalment  of  debts,  and  the 
'occlusion"  of  courts.    For  the  two  last  of  these  w  o^s  no 
remedy  was  as  yet  provided.  ^ 

King  moved  to  add,  as  in  the  ordinance  „f  congress  for  the 
csteMishment  of  new  states,  "a  prohibition  on  the^staTes  tot 
terfere  n  private  contracts." f  "This  would  be  going  too 
far,"  interposed  Gouvemcnr  Moms.    "There  arc  a  Zf sand 

United  8t±,f?°*  "™'™''-    ^''^  J"-^'"'"'  1»-"  of  *e 
United  fetat,^  wiU  bo  a  protection  in  ca.es  within  their  iuris- 

matre'thl        ,   ri"''  ''^''  "  "'"^'<'"'>-  ■"-'  ™'0'  '"'»  »"  r 
]  -,1     „  ''*  "^ono  among  themselves."  i    "  Why  then 

prohibit  bills  of  credit?"  inqui«=d  Sherman.  Wilson  wsS 
favor  of  King-s  m„ti„„.  jfadison  admitted  that  n  oZnT 
ences  might  arise  from  such  a  prohibition,  but  thought  on  the 
whole  Its  utility  would  overbalance  them.  lie  cone<;?ved,  how! 
over,  that  a  negative  on  the  state  laws  could  alone  seeu^  the 
end  Evasions  might  and  would  be  devised  by  the  in-enuitv 
of  legAtures..  Hi,  eollcague  Ma«,n  replfed:  "Tlie  "t 
tion    of  King  "is  carrying  the  restraint  too  far.    Ca«!8  will 

*  Mtidison,  i.,  S21.  J  jyj 


t  Gilpin,  1443;  Elliot,  485. 


'IWd. 


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THE  FEDERAL  CONVENTION. 


B.  HI. ;  en.  yn. 


happen  that  cannot  be  foreseen,  where  some  kind  of  interfer- 
ence will  be  proper  and  essential."  IIo  mentioned  the  case  of 
limiting  the  period  for  bringing  actions  on  open  account,  that 
of  bonds  after  a  lapse  of  time,  asking  whether  it  was  proper  to 
tie  the  htmds  of  the  states  from  making  provision  in  such 
cases.* 

"The  answer  to  these  objections  is,"  Wilson  explained, 
"  that  retrospective  interferences  only  are  to  be  prohibited." 
"  Is  not  that  already  done,"  asked  Madison,  "  by  the  prohibi- 
tion of  ex  post  facto  laws,  which  will  oblige  the  judges  to  de- 
clare such  interferences  null  and  void  ?  "  f  But  the  prohibi. 
tion  which,  on  the  motion  of  Gerry  and  McIIenry,  had  been 
adopted  six  days  before,  was  a  limitation  on  the  powera  of  con- 
gress. Instead  of  King's  motion,  liutledgc  advised  to  extend 
that  limitation  to  the  individual  states ;  :|:  and  accordingly  they, 
too,  were  now  forbidden  to  pass  bills  of  attainder  or  ex  post 
facto  laws  by  the; vote  of  seven  states  against  Connecticut, 
Maryland,  and  Virginia,  Massachusetts  being  absent.  So  the 
motion  of  King,  which  had  received  hearty  support  only  from 
Wilson,  was  set  aside  by  a  very  great  majority. 

The  next  morning  "  Dickinson  mentioned  to  the  house  that, 
on  examining  Blackstone's  Commentaries,  he  found  that  the 
term  ex  post  facto  related  to  criminal  eases  only ;  that  the 
words  would  consequently  not  restrain  the  states  from  retro- 
spective la^vs  in  civil  cases ;  and  that  some  further  provision 
for  this^  purpose  would  be  requisite."  #     Of  this  remark  the 
convention  at  the  moment  took  no  note ;   and  the  clause  of 
Rutledge  was  left  in  the  draft  then  making  of  the  constitution, 
as  the  provision  against  the  "  stay  laws  and  occlusion  of  courts  " 
so  much  warned  against  by  Madison,  "the  payment  or  dis- 
charge of  debts  or  contracts  in  any  manner  different  from  the 
agreement  of  the  parties,"  as  demanded  by  Sherman  and  Ells- 
worth. I 

*  Gilpin,  1443 ;  Elliot,  485.  f  Gilpin,  1390,  1444  ;  Elliot,  4G2,  485. 

t  Ex  post  facto,  not  retrospective,  was  the  form  used  by  Rutledge.  Correct 
Gilpin,  1444,  by  the  Journal  of  the  Convention,  in  Elliot,  i.,  271,  and  compare 
^"^°'-  '•'  ^•'^T.  «  Gilpin,  1450 ;  Elliot,  4S8. 

I  That  no  other  motion  in  form  or  substance  was  adopted  by  the  convention 
till  after  the  draft  went  into  the  hands  of  the  committee  of  style  and  revision,  ap- 
pears from  a  most  careful  comparison  of  the  printed  journal  of  the  convention,  of 


iM 


1787. 


THE  POWERS  OF  COx\GRESS. 


307 


iiiijjurts.       I  articular  states,"  obsorvor)  nric„„  « 
wish  to  cicouraKo  by  imnoat  ,t„t!„.  „    .•  ™'    "V 

which  they  enjoy  uaturTad  '  ^f  ^  ."'='">'f''=""-03  for 

turo  of  hemp  et^"»    M.',         '^f'  f  ^"'S'"-^  ""=  'nanufao- 

ofin,™faet!;;:3it.iat'tl^';t  LZ;:r™^"°"^" 

from  the  w™rS  a  lo  J  °  ""'"'"'^*^  experienced 

King  proposed  *:  ellid  t  f  KZ'  "tT  ""'""^''^ 
bnt^.0  to  exports       as  to  iSTres^rt^S^ 

portations  oxe;ptfor.rtr:  ,:titd°  t2  'Th- ""  '°- 

wesLate  Ifnronir     °""  »<'«'™ri''g  to  tax  the 
have  such  different  interesL  tliat  they  Inot  be  left  to 

Wbition  on^tlie  sevS  ITof  t,^  ^  ■"^"  ""'""'^  '^'  ^"^ 
pendent  on  the  consent  :^:t^7^^t^: 

Which  .CC.3  .oV/.,,.f.';I':efeCil^''''"°'  ^'  ^°""-.  «"^  -«-, 
*Gni)in.  UfK-  Ti'lii^f   ^ort 


t  Ibid 


ilpin,  1415  ;  Elliot,  480. 


t  Gilpin,  1416,  1447;  Elliot,  487. 
*  Gilpin,  1447 ;  Elliot,  478. 


»  i 

i  '■! 

1,-. 
i    ■  ' 

i 

:fl 


I 


r^'ir ',  ' 

:  <!' 

1'   I. 

i 

i   ■ 

i 

11 

'i  H 


\:i 


II 


t<: 


I  I    f 


808 


THE  FEDERAL  CONVENTION-. 


B.  HI, ;  ou.  vn. 


and  with  this  limitation  it  was  carried  without  a  dibsenticnt 
vote.  The  extending  of  tlio  prohibition  to  exports  obtained  a 
majority  of  but  one.  That  taxes  on  imports  or  exports  by  the 
states,  even  with  the  consent  of  the  United  States,  sliould  be 
exclusively  for  the  use  of  the  United  States,  gained  every  state 
but  Massachusetts  and  Maryland.  The  power  to  protect  do- 
mestic manufactures  by  imposts  was  taken  away  from  the 
states,  and,  so  far  as  it  is  incident  to  the  raising  of  revenue,  was 
confined  to  the  United  States. 

The  country  had  been  filled  with  schemes  for  a  division  of 
the  thirteen  states  into  two  or  more  separate  groups ;  the  con- 
vention, following  its  committee  of  detail,  would   suffer  no 
state  to  enter  into  any  confederation,  or  even  into  a  treaty  or 
alliance  with  any  confederation.     The  restriction  was  absolute. 
To  make  it  still  more  clear  and  peremptory,  it  was  repeated 
and  enlarged  in  another  article,  which  declared  not  only  that 
"no  state  shall  enter  into  any  agreement  or  compact  with  any 
foreign  power,"  but  that  "  no  state  shall  enter  into  any  agree- 
ment or  compact  with  any  other  state."  *    Each  state  was  con- 
fined 'n  its  government  strictly  to  its  own  duties  within  itself. 
As  to  slavery,  it  was  by  a  unanimous  consent  treated  as  a 
sectional  interest;  freedom  existed  in  all  the  states;   slavery 
was  a  relation  established  within  a  state  by  its  own  law.     Un- 
der the  sovereignty  of  the  king  of  Great  Britain  the  laws  of  a 
colony  did  not  on  British  soil  prevail  over  the  ijnpcrial  law. 
In  like  manner  in  America,  a  slave  in  one  American  colony, 
finding  himself  on  the  soil  of  another,  was  subject  only  to  the 
laws  of  the  colony  in  which  he  might  be  found.     It  remained 
so  on  the  declaration  of  independence ;  not  as  an  innovation, 
but  as  the  continuance  of  an  established  fact.     The  articles  of 
confederation  took  no  note  of  slavery,  except  by  withholding 
the  privileges  of  intercitizenship  from  the  slave.     The  enu- 
meration of  slaves  was  in  the  distribution  of  political  power  a 
matter  of  indifference  so  long  as  congress  voted  by  states  and 
proportioned  its  requisitions  of  revenue  to  wealth  alone. 

In  framing  a  constitution  in  which  representation  in  one 
branch  of  the  legislature  was  made  to  depend  on  population, 
it  became  the  political  interest  of  the  states  in  which  slaves 

*  Article  xlii.     Gilpin,  123D,  1447;  Elliot,  381,  487. 


I 


'  m 


1787. 


THE  POWERS  OF  CONGRESS. 


3oa 

abounded  to  have  thorn  included  in  the  enumention  nf  fl 
population  eauall,.  with  the  free  negroes  and  tle'w  itcs    Th  " 

coumea  equally  in  the  representative  population. 

n^nT  AT      ™''"P  ""'  ""=  "^"-"''""d  of  'I'o  union     Tl,e  re- 

Its  "?"r"  "^^^  "■«»  """™""'-  of  citizens  in  the  ^ve^I 

tTu..  pe™it;ir  ■"^'' ' '''" ""'  "''^  -  ^'--  ^--^o- 

^opto,  b'l/not^nna^^r:;,,  S^rriTvoTrS^ 

v?„  1  T  '      f "™  *"  '■"'^■•^  ™  «'=»'-'•  in  theirT  a  t 
rssrrytrn'oTSnf  ^^''^'  '"^-'^"^  ^^^^  ™  ' 

«  Tl  •^?"'  ^"g^*^7^  ^lav-es  to  be  delivered  up  like  criminals 

sZel  rn  t       "kV"^^'^"^'  ^'"^^  theLeutirjtt 
siaie  to  do  It  at  the  public   expense."    « The  Bublie »  «nirl 

»"<.  the  artieie  as  pro/os^Zs  unt^t^^at^e'^r "''"" 

*  Gilpin,  1240;  Elliot,  881.  j.  r^^  ■     ,     v 

^  -"Gilpin,  1447;  Elliot,  487. 


I  Gilpin,  1447,  1448;  Elliot, 


487. 


i  -1 


I    I 


Ji^ 


1     I 

;               1  .     , 

i 

m  ' 

^W'l    [   ^   -    ' 

■mlI 

1 

'  ' 

'f'Wfl 

II 

1 

Ml*  I 


I'-h 


• 


P 


I    (' 


310 


THE  FEDERAL  CONVENTION. 


D.  m. ;  on.  TIL 


Tho  convention  was  not  unprepared  to  adopt  a  fugitive 
t^lavo  law,  for  such  a  olauao  formed  a  part  of  tiio  ordinance  of 
1787,  adopted  in  tho  preceding  July  for  tlio  government  of 
tho  north-wcKtern  territory.  On  the  twenty-ninth,  I3utler,  after 
the  opportunity  of  reflection  and  consultation,  offered  a  pro- 
posal:  "That  tlio  fugitive  slavea  escaping  into  another  stato 
ehall  be  delivered  up  to  tho  iiei-son  justly  claiming  their  ser- 
vice or  labor."  This  for  tho  moment  was  agreed  to  without 
dissent.*  Tho  trouble  and  expense  of  making  tho  claim  fell 
on  the  sLive-holder ;  the  language  of  tho  article  did  not  clearly 
point  out  by  whom  tho  runaway  slave  was  to  bo  delivered  up. 

*  Gilpin,  1450;  Elliot,  492.     Compart  Gilpin,  1308;  Elliot,  COi. 


[ 


J  n 


irer. 


TOE  POWERS  OF  CONGRESS. 


311 


CHAPTEH  yill. 

THE   CONSTITtTTIOX   IN  nFTArr 

P«o«  T.m  M,i,„.K  ,«  ™,  e™  „,  A„„„3T  1787 

tbo  burin!  «;  i:  fb  If  ^  ™"^"'"f  '°  ^I--  oqnall, 
vontion,  adopting  „n  the  ilty  fiftl.  t  f  '  "'"""'  "'"'■ 
dolph,  affirmed  no  „,„ro  ZTiTll  ^"^""'^°  "*  ^''"- 
confederation6l,onldbooanallv.ll  "'Ve»go™cnt3  of  tbo 
under  tbi^  constitution  *^^  ™'"' ''°""''  *^"  ^""<"1  States 

^^^7^1^  "?°!r«';  '^-''  -"■  "a  con>- 
crimo  of  cotn  o4  Unf  ttr  °  ,^'"'^<'  ^"""»  "™'  "'^ 

«n  *bo  bigb  ..r:^:':rtbr;:;r^^^^^^^  — '^^ 

S  legislature/'  M  rti"'Ttr  ''""'  ""  ""'  "P"'^"^'-''  "^ 
limitation  to  whieh  Cba*,  l"  i"  '"■?,°"=<"'«''  proved  the 
langdon  obielted  En*  i'""''"'^.' ^°"™^^"  Morris,  and 
plieation  of  the  L.w      '^'j  T™'' '°  '""P^''^''  »""'  ««=  ap- 

meet.       faerry  was  agamst  letting  loose  the 


•Gilpin,  H26;  Elliot,  476. 


t  Gili.ii,,  1S49 ;  Elliot  4s;. 


^^'      ( 


I  M,- 


^  h:.^ 

:   f  "  , 

m 

I  I'M 

812 


THE  FEDERAL  CONVENTION. 


B.  III. ;  en.  VIII. 


Bll 


I '   » 


I  ' 


,«  i. 


myrmidons  of  the  United  States  on  a  state  without  its  own 
consent.  Tlie  states  will  he  the  hest  judges  in  such  cases. 
More  blood  would  have  been  spilt  in  Massachusetts  in  the  late 
insurrection  if  the  general  authority  had  intermeddled."  The 
motion  of  Ellsworth  was  adopted ;  but  it  weighed  down  the 
measure  itself,  which  obtained  only  four  votes  against  four.* 

We  come  to  a  regulation  where  the  spirit  of  repubhcanism 
exercised  its  humanest  influence.  The  world  had  been  re- 
tarded in  civilization,  unpoverished  and  laid  waste  by  wars  of 
the  personal  ambition  of  its  kmgs.  The  committee  of  detail 
and  the  convention,  ir.  the  interest  of  peace,  intrasted  the 
power  to  declare  war,  not  to  the  executive,  but  to  the  deliber- 
ate decision  of  the  two  branches  of  the  legislature.f  each  of 
them  having  a  negative  on  the  other ;  and  the  executive  re- 
taining his  negative  on  them  both. 

On  the  eighteenth  Madison  offered  a  series  of  propositions, 
granting  powers  to  dispose  of  the  lands  of  the  United  States ; 
to  institute  temporary  governments  for  new  states ;  to  regulate 
affairs  with  the  Indians ;  to  exercise  exclusively  legislative  au- 
thority at  the  seat  of  general  government ;  to  grant  charters  of 
incorporation  where  the  public  good  might  require  them  and 
the  authority  of  a  single  state  might  be  incompetent ;  to  secure 
to  authors  their  copyrights  for  a  limited  time ;  to  establish  a 
university ;  to  encourage  discoveries  and  the  advancement  of 
useful   knowledge. :{:     In  that  and  the  next  sitting  Charles 
Pinckney  proposed,  among  other  cessions,  to  grant  immuni+'>3 
for  the  promotion  of  agriculture,  commerce,  trades,  and  manu- 
factures.    They  were  all  unanimously  referred  to  the  commit- 
tee of  detail. 

Gerry  would  have  an  army  of  two  or  three  thousand  *  at 
the  most ;  a  number  in  proportion  to  population  greater  than 
the  present  army  of  the  United  States.  The  power  to  raise 
and  support  armies  was,  however,  accepted  unanimously^  with 
no  "  fetter  on  "  it,  except  the  suggestion  then  made  by'^Mason 
and  soon  formally  adopted,  that  "no  appropriation  for  that 
use  should  be  for  a  longer  terra  than  two  years." 


*  Gilpin,  1350,  1351 ;  Elliot,  437,  438. 

+  Gilpin,  1351 ;  Elliot,  438.     Elliot,  i.,  247. 

t  Gilpin,  1353, 1354,  1355;  Elliot,  439,  440. 


*  Gilpin,  1360  ;  Elliot,  443. 


1787. 


THE  POWERS  OF  CONGRESS. 


ri  < 


813 

riie  Idea  of  a  navy  was  welcome  to  the  countrv      T„ff 
thought  a  sioaU  one  a  neeessitv  *    Ti,      ''°'""'^-    J'&rBon 
nnaniraously  the  clamo  S^  ^'  convention  accepted 

fleets;"  o/as  tL  JoTer'^w^lnS  ".*°/'^"  "'"'  ^'"P 
and  maintain  a  navy  "  f  ^  "^  "'"  P'^^'"'" 

caiifortCirorthe'nXf  r™"^"'  ™'^p--*<> 

further  power  o"  7t„  t!       .'     *     ^'^<'"  ™™'3  '»  g™t  the 

states  wodrL;;r  eont!:  r"  ""'  ""''""'  '"  "''*^- 
served  "to  thesILZ".      •  ?  ""'  «y«tem";.  but  he  «,- 

opinion  of  Enswortl  tt  ZT  "'"'  "^  *""=  "'«'^™-"  I-  ^e 
should  be  nnder^LttaUi  rHr^*""  ^"^-  "^='^  ">"'«'» 
when  in  actual  service  of  tit  IT  v^*^"  «^°''^"''  government 
tbority  over  it  oSt  1  ™        *  1  ^"'*''-    ^'"=  "'''olo  au- 

Thcir  consequenef  wll  „ r™'  "'"  ^™'°  "^^  ^""^• 

sacrifice  of  powe,-      tZ.T    T^  f  "'"'''"«  ^'^'^  «"eh  a 
piently  pervali:;  unt  K  "tf  "™"'  ■^°*  ™'^- 
tself  to  the  local  genius  of  a  e  peol "   %°°'  »eeommodate 
lii'n.    "  My  opinion  ia'-^^Mn-^-'^  Sherman  supported 

ought  to  give  uTaU ',„«?'     "^°"'  "  ^at  the  states  never 
will."!  ^  '"""  ""=  '"'"«=''  »»d  never 

wi^iiii^^or ^sfr^rtr  '"'^  °'^«-^-'  ■-'-• 

committee  of  eleven  to  which  7  ^  """''""^  '^  Sr^^<i 
referrc-d,  on  the  Twentv  fi  f  '""°''«  "*'='■  ^''Jee's  was 
should  have  ptr:"t^"'fPr^'  *»'  tl^e  leUtur. 
disciplining  the  milith  ™d  fl  »rg™-ina  anning,  and 

as  n>ay  be  enXed  in  rt/     ^"T^  ™«''  '""^  of  them 
Ellsworth  and  Iwman  of  „  T'°!  "    "'"  ^"■'^<'  States." 

ter  port  of  the  .]  ™    i^ ,       T^*"""'  ^^^P'^-l  "'o  lat- 
.^l•        i?    ,         Clause,  but  resisted  the  formnr     "Ti,o  ^-    • 
I>lmc  of  the  militia,"  answered  Madison  "evido,        """ 
tional  concern  anrl  nnM,+  *    i        ^^'°"^j     i^  CMdcntlj  a  na- 

constitution  "'  And  the  1'        '"'"'/^  '^^  ^"  *^^^  ^'^'^^-^^ 
against  Connecti^UnflJ^S^^^^^^^  ^^  ^'^^'  '^  ^^^^  ^^^*^^ 

f  Gilpin,  1.60;  Ellio;,  443  !  rT^'    '''  '  ^'""*'  '''■ 

t  Gilpin,  1233  ;  Elliot,  S19  1  p '^'"'  ,'''^'  ^'^^ ;  Elliot,  443,  444. 

nr-i  -     ,.  ^G.lpin,  13^8;  Elliot,  451. 

9  <..,lpm,  Moe,  1407  ;  Elliot,  466. 


■i' 


■■■Mi:  J 


mi 


U 


•:  J' 


I:  ^ 


^'r 


I 


i! 


311 


TUE  FEDERAL  CONVENTION. 


a.  in. ;  ou.  viii. 


I  f 


:4  _ 
wm 


( -1 


}  I 


M    I: 


.rHHfi,  ■ 


Madison  always  wished  to  reserve  to  the  United  States  the 
appointment  of  general  officers  in  the  militia.     This  Sherman 
pronounced  absolutely  inadmissible.     "  As  the  states  are  not 
to  bo  abolished,"  said  Geny,  «I  wonder  at  the  attempts  to 
give  powers  inconsistent  with  their  existence.     A  civil  war 
may  be  ])roduced  by  the  conflict  between  peoi)lo  who  will  sup- 
port a  plan  of  vigorous  government  at  every  risk  and  others  of 
a  more  democratic  cast."     ''  The  greatest  danger,"  said  Madi- 
son, "is  disunion  of  the  states;  it  is  necessary  to  guard  against 
it  by  sufficient  powers  to  the  common  government ;  the  great- 
est danger  to  liberty  is  from  largo  standing  armies ;  it  is  best 
to  prevent  them  by  an  effectual  provision  for  a  good  militia." 
Madison  gained  for  his  motion  only  New  Hampshire,  South 
Carolina,  and  Georgia.     The  apj)oIntment  of  officers  by  the 
states  was  then  agreed  to ;  and  the  states  were  to  train  the  mi- 
litia, but  according  to  the  discipline  prescribed  by  the  United 
States.* 

The  power  "  to  make  all  laws  necessary  and  i)roi)cr  for  car- 
rying Into  execution  the  powers  vested  by  this  constitution  in 
the  goyernmont  of  the  United  States,  or  in  any  department  or 
office  thereof,"  Avaa  so  clearly  necessary  that,  without  cavil  or 
remark,  it  was  unanimously  agreed  to.f 

The  definition  of  treason  against  the  United  States,  though 
made  in  language  like  that  of  the  English  law,  took  notice  of 
the  federal  character  of  the  American  government  by  delinin<r 
It  as  levying  war  against  the   United   States  or  any  ono   of 
them ;  thus  reserving  to  the  United  States  the  power  to  punish 
treason,  whether  by  war  against  the  United  States  or  by  war 
agamst  a  stat  j.     Johnson  was  of  opinion  that  there  could  be  no 
treason  against  a  particular  state  even  under  tlie  confederation 
much    less   under   tlie   proposed  system.     Mason   answered': 
The  United  States  will  have  a  qualified  sovereignly  only  • 
the  individual  states  will  retain  a  part  of  the  sovereicrnty  "' 
"A  rebellion  in  a  state,"  said  Johnson,  "would  amount  to 
treason  against  the  supreme  sovereign,  the   United   States " 
"Treason  against  a  state,"  said  King,  "must  be  treason  a-ainst 
the    United   States."     Sherman  differod  from   him,   sayin-- 
« Resistance  against  the  laws  of  the  United  States  is  distin- 

»  Gilpin,  1407,  1408 ;  Elliot,  4CC,  467.  f  Gilpin,  1370;  Elliot,  417. 


1787. 


THE  POWERS  OF  CONGRESS. 


315 


sWoof  the  lino  divide.  tiolf,i;':^  "^  T^'-S"  «"  one 
other.    Kach  ought  to  t.lJ.T'  "'"  ^'""•'^  »"  tho 

tl.0  u„io«,"  said  Dicldnson    "'™f ,""  "="'"'"  "  '"^'''t""-  of 

only  of  treason  by  lovvin"  "t  '  "^,  ""^  ^"™"'">'  ^Po^o 

adhering  to  their  onon^,:  "•LfZ™  *m  ''"''"'  "'"'"'  « 
note  was  taken  of  the  fal  ifcl  "  fV.  ""'  "'""''"•'•  ^o 
dangers  poeuliar  to  eleetivo  "iT  "  '■'■'"'""''  "'■  t'"' 

1.0  wished  an  amendmom  cxS  f "  ^^'"■""  ■•"'"'"  "-at 
"-  penalty  „f  treason  XTt/rir^"""  "'  ""'  "'""^  ^ ™™ 
to  the  authority  of  their  own  ti^  ^  "''"''"''^  '■"  *°''i™oo 
to  that  effect  would  „  oetTTth  1  i    "'  T'"^  """  «  ""tio- 

up  ««>  thought  within  his :;!;  h:al:? '°  ^'  "■" '™°  ^'"" 
*opa;:rrdhi:fty:sSh-"f'f''/"  "-""»'- 

that  body,"  and  whieh  "td  wel  n  ^f  ,  °/  ''"'^"'^  "^"^^d  i» 
".reak  it  „p  without  co^in^  To  "^  ",  l"''  '°"*'"™  "'"'«  *<> 
member  f™„.  South  CaS  nd 7.0^™'"^"™''  *  ^^o 
extreme  desire  of  pn^oXXl^TZ^,  "°™''  ''^  ««' 
cientgovoniment;  but  as  thoir^r  !".         ol>taining  an  effl- 

oneiled  to  the  im^ed  te  p  TbirnTf'T^  7"  ""'  '«  "=«- 
aet  of  the  United  States  Zrr  ,  f  ''""-trade  by  the 
«l.ouId  retain  on  that  snb ice    ft    '■"J"'"'"''  *'""  ""''''•  '^^ 

*on  posses^d  under  th^tnLti^^'tf  Ir'"  *'"»"  "" 
tlie  union  into  fraement»  °^„      '"*"'.'••    Unwdhng  to  break 

"mitatlonsofthewwerif  '  "''""""""'  "^  <>>''-"  P~posed 
t-  might  be  laid  fnl  i3::l';  ^''^''"—"'eree'  No 
As  to  the  slave-trade,  ei<^,  stataT  Y  ""l""''^"'"'  »*  slaves, 
artieles  of  eonfcde4^  f  If  Jf  '"i»"t' ^  ""<''='  ">« 
"should  tlunk  proper  to  adilit"  'T  .™*  '"""»"»  ^  '' 
P    Ptr       admit.      Ihe  states  might,  one  by 

*«ilpKlS7»,  Elliot,  «0. 

T  Klliot,  i    382   383     I  fi  •  i   \r 
neither  i„  the  jourLl  nor  „  Madifor^IH^  "*  "^'^  ^^'^  -*'--  -  '*  L,  found 
'^orda  arc:  "I  wished  to  have  ob  ainod       "T'"'  '''  "''"''"P'^'  '^^"'-^^l-    Hla 
not  adopted."    Here  In  „o  os^ertn  th't  he       ,"'? ^  "''"*  ^'^'^  P---n  w«, 


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316  THE  FEDERAL  CONVENTION.       b.  m. ;  on.  viii. 

one,  eaeli  for  itself,  prohibit  the  slave-trade ;  not  the  United 
States  by  a  general  law.  This  decision  was  coupled  wi^i  no 
demand  of  privileges  for  the  shipping  interest.  Ellsworth,  in 
the  committee,  had  consented,  unconditionally,  that  no  naviga- 
tion act  should  be  passed  without  the  assent  of  two  thirds  of 
the  members  present  in  each  house. 

On  the  twenty-first  the  prohibition  to  tax  exports  was  car- 
ried by  Massachusetts  and  Connecticut  with  the  five  most 
southern  states.  Thus  absolute  free  trade  as  to  exijorts  became 
a  part  of  the  fundamental  law  of  the  United  States.  The  vote 
of  Virginia  was  due  to  Mason,  Randolph,  and  Blair;  Washing- 
ton and  Madison  were  always  unwilling  to  seem  to  favor  a 
local  interest,  especially  a  southern  one,  and  were  ready  to 
tiust  the  subject  to  the  general  government.* 

From  Maryland  came  a  voice  against  the  slave-trade.  For 
three  reasons  Martin  proposed  to  prohibit  or  to  tax  the  impor- 
tation  of  slaves :  «  The  importation  of  slaves  affects  the  ap- 
portionment of  representation,  weakens  one  part  of  the  union 
which  the  other  parts  are  bound  to  protect,  and  dishonors  the 
principles  of  the  revolution  and  the  American  character." 

Kutledge  answered :  "  Religion  and  humanity  have  nothing 
to  do  with  this  question ;  interest  alone  is  the  governing  prin- 
ciple with  nations.     The  true  question  at  present  is,  whether 
the  southern  states  shall  or  shall  not  be  parties  to  the  union  ? 
If  the  northern  states  consult  their  interest  they  will  not  oppose 
the  increase  of  slaves,  which  will  increase  the  commodities,  of 
which  they  will  become  the  carriers."     Ellsworth,  speaking 
consistently  with  the  respect  which  he  had  always  shown  for 
the  rights  of  the  states,  answered  :  "  I  am  for  leaving  the  clause 
as  it  stands.     Let  every  state  import  what  it  pleases.     The 
morality  or  wisdom  of  slavery  are  considerations  belonging  to 
the  states  themselves.     The  old  confederation  did  not  meddle 
with  this  point ;  and  I  do  not  see  any  greater  necessity  for 
bringing  it  within  the  policy  of  the  new  one."    "  South  Caro- 
lina," said  Charles  Pinckney,  "can  never  receive  the  plan  if  it 
prohibits  the  slave-trade." 

The  debate  was  continued  through  the  next  day.    Sherman 
was  perplexed  between  his  belief  in  the  inherent  right  of  man 

*  Gilpin,  1388;  £11101,450. 


I. :  on.  viii. 


1787. 


THE  POWERS  OP  CONGRESS. 


317 


to  freedom  and  the  tenet  nf  f],„     •  i,.    . 
for  it^lf  its  interna/Xl^^'    ^f^  ^  r^^  ^^  ^  -«•<> 
sWo-trade ;  yet,  as  the  stato^  7.  '        'J'«'PP™ve  of  the 

to  import  elave  ,  aJJTL  Z  T  ^'''''"^  "*  "■«  "gtt 
tions  a.  possible' to  tC 'IJZT  T  '°  ''"^  "^  *^"  «''J^°- 
tW.^itbesttoieavethtSl::''-'',''    ^"^"""-^  ^ 

wt:-z:5i^!?fs^-4>o„,„..to» 

m  the  avarice  of  British  m;rei  "if'"',',' .'^f  °  ""gi"'^*^'! 
constantly  cheeked  the  attemn       f  ^r     •  ^""'''  government 

i;-  The  present  .nestioteXr  IZf  •"  """  "  ^'"^  'o 
alone,  but  the  whole  union     S    .     *o  "nporting  states 

ready  prohibited  the  imp„'rta&7iT'^,  *""  ^"«'"''''  ''"^  =''- 
Carolina  has  done  the  s^nT^n  s^,h1  ''  f'^''<'^>'i  ^orth 
i-  vain  if  South  CaroCaand  V,  f    '^"  ""'  ™"W  ^^ 

thorn.  The  western  prple  le  T^'^  ^^  ?'  "''^^rty  to  import 
for  their  new  lands,  and  will  fill  tt^  ""  "^  ""'  '''  '''^<- 
tl.oy  cau  be  got  through  sinth  O Ll  "."'5  ^'"'  »'"^  « 

d Courages  Irts  and  LnSu^r  Th  '''^'^'-  ^'^'"^ 
when  performed  by  slaves     -nr"  P"'  '''''P'^''  '"bo^ 

whites,  who  real/enrilhanJ  I/LT"'  '^^  ^"'«"'«»  »* 
produce  the  most  pemicilX 7*0:^  T"^"  ^"""^ 
of  slaves  IS  bom  a  petty  tyrant  TU  k-  ,  ^"ofy  master 
heaven  on  a  country.  wLs!,  ^  ^1"^  ""^  J"^e"«°'  °f 
fehed  in  the  ne..t  world  the'  "    ^ "  '''"'"^'''  "■•  f"- 

table  chain  of  can  Jand  efefts Tl  !, '"  ''"'■  ^^  ■»  '"-'■ 
sins  by  national  calamitL  f  W  T.f ""'  ''""""''^  "^"""^ 
brethren  have,  fromThist  of  1"""  '"""^  "^  our  eastern 

traffic.    As  to  the  state"  be  n"'  '"  ''"  "'''  '''^'"'"^ 

import,  this  is  the  erewLrafvoVr^tr  ""'«  "g"^'  '» 
erly  given  up.    I  hold  i  LIT.  •'  "g'"''  ""^  «°  he  prop- 

the  general  ^vcrnment '  h^  ,Td '^'  ""  '^'^  P"'"'  "^  "''w,  th^ 
erease  of  slavery."  XsonsS  \™  P^'"' ">  P'^''™' *>■«  in- 
for  freedom  and  right  foArh  ^':°"' '''I'-'mo't  ^nl,  anrious 
welfare  of  mankinf  '  '"'^P"^^  °'  '"'^  "^o"""-^  and  the 

aimS::ddnirot"*:i:fr"^^''™^'' »--<»-* 

not  judge  of  the  effecis  of»I         '  ""''"'  '"^"'^  "  «'»^«  I  can- 

it  is  to  be  considlS  .V  f -''"f  ^  T  ''"'''°'^'-    "'  ''»^«^«'', 
-  -  -.  .n  a  ,„„rai  nght,  we  ought  to  go  furthe^ 


•r-  i,     i 


i      I 


'  Bm 


'    t 


818 


THE  FEDERAL  CONVENTION. 


B.  HI. ;  on.  vra. 


l<  f; 


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and  free  the  slaves  already  in  the  countiy.  Besides,  slaves 
multiply  so  fast  in  Virginia  and  Maryland  that  it  is  cheaper 
to  raise  than  import  them,  Avhilst  in  the  sickly  rice-swamps 
foreign  supplies  are  necessary ;  if  we  go  no  further  than  is 
urged,  we  shall  be  unjust  toward  South  Carolina  and  Georgia 
Let  us  not  intermeddle.  As  population  increases,  poor  labor^ 
ers  will  be  so  plenty  m  to  render  slaves  useless.  Slavery  in 
time,  will  not  be  a  speck  in  our  country.  Provision  is  mlde 
m  Connecticut  for  abolishing  it;  and  the  abolition  has  already 
talcen  place  m  Massachusetts."  '^ 

"If  the  southern  states  are  let  alone,"  said  Charles  Pinck- 
ney  they  will  probably  of  themselves  stop  importations.  I 
would  myself,  as  a  citizen  of  South  Carohna,  vote  for  it  " 

In  the  same  vein  Cotesworth  Pinckney  remarked :  "If  I 
and  all  my  colleagues  were  to  sign  the  constitution  and  use  our 
personal  mfluence,  it  would  be  of  no  avail  toward  obtaining 
the  assent  of  our  constituents.    South  Carolina  and  Georgit 
cannot  do  without  slaves.     Virgima  will  gain  by  stopping  the 
importations.    Her  slaves  will  rise  in  value,  and  slie  has  more 
than  she  wants.     It  would  be  unequal  to  require  South  Ca-o- 
hna  and  Georgia  to  confederate  on  such  terms.     Slaves  should 
be  dutied  like  other  imports  ;  but  a  rejection  of  the  clause  is 
the  exclusion  of  South  Carolina  from  the  union."    Baldwin 
with  opinions  on  the  rights  of  the  states  like  those  of  Ells- 
worth and  Sherman,  continued:  "The  object  before  the  con- 
vention IS  not  national,  but  local.     Georgia  cannot  purchase 
the  advantage  of  a  general  government  by  yielding  the  abridg- 
ment of  one  of  her  favorite  prerogatives.     If  left  to  herself, 
she  may  probably  put  a  stop  to  the  evil." 

"If  South  Carolina  and  Georgia,"  observed  Wilson,  "are 
themselves  disposed  to  get  rid  of  the  importation  of  slaves  in  a 
Bhort  time  they  will  never  refuse  to  unite  because  the  impor- 
totion  might  be  prohibited."  To  this  Cotesworth  Pinckney 
made  answer:  "I  think  myself  bound  to  declare  candidly 
tiiat  I  do  not  believe  South  Carolina  will  stop  her  importa- 

noTdoes'^''^''  '"^  ''''^  '^""^  *'"""'  '^''''P^  occasionally  i  she 

"On  every  principle  of  honor  and  safety,"  said  Dickinson, 

It  18  madmissible  that  the  importation  of  slaves  should  be 


If* 


II. ;  on.  vni. 


1787. 


THE  POWERS  OF  CONGRESS. 


319 


.  310 

""Pododby  the  impoS- tr^r  "'"-"^  P™""'^  »' 
left  to  the  national  govoml'nt  n J  r.?"'^"''''  ""g'"  *<>  •>« 
interested.  I  canuot1,JL"e  Zt  2  "  '''"'^  particularly 
to  confederate  on  that  account  aV  '"'  '""°^  *'»  -^^''^e 

immediately  exorcised  tyt te  '  nenf  ^^"^  ''  ""'  '*^'^  '»  ^ 
tl.e  opening  to  a  grant  of    L®  govomment."    Here  waa 

of  delay  in'^using  it        °^  '^^  P"*"^'  '""PW  with  a  prospect 

Williamson,  himself  no  frinnrl  „*    i 
mated  that  North  Carolina  wo  Hd  T^'  '^'''""'^"^  ■■"«- 

on  the  south.  CotesCrth  P^f /"  "'"' *""•  '«">  neighbor 
the  clause,  that  slavermtM^  ^^  T  """''^  '»  <=»'»"" 
with   other  imports     "  f  the ^r     ^^'° '"  "^  '=1'"^  '« 

"  tUnlcs  that  North  Carol  naluhr'?™'  '"'^  ^""^-^g"' 
ever  ag,«  to  the  plan,t"rtw?u  r'.""''«'=°'-g''' will 

untouched,  the  expLaiion  s "  t ,'  td  ^e  7''°','  fr  "« 
tion  for  a  commitment     n,>„™  ,,    ^  seconded  the  mo- 

Bubjectto  bo  com:S;ed?„:S"t"r'''"''*''^*«'« 
axes  on  exports  and  tea navStt^,*"  ^Jr-,"''"-^  to 
form  a  bargain  among  the  norfter!  P'""^  «""g»  might 
;  Rather  than  to  part  wlh  the  somhem  sHtes  "°s?,%",  ''^'"• 
:  '*  •!'««'"•  to  let  thom  import  slavtr  B  ,t  ,  T  "?""> 
™po.«l_  ma.es  the  matter  ^o^e,  becVu' im^^rthe;'^ 

shire,  Pennsylvania,  and  S  W  MLT^r  ^^*  ^^™P- 
sent.  -L'uaware,  Massachusetts  was    ab- 

sectStfnSSl^^f  t"  *T  r™'  '»  ^-">^'  «'« 
bemd,"  said  Gorham  ^^^1"^  *'  ^""''  "  '°  >'«  '•«™e'n- 
"the  eastern  statos  haVeTmlvet'^  •"'  T^'"''  ^'^^^■<'". 
one."    Ellsuorth,  mltrinT        *"  ""'""  •>"*  ^  eommorcia 

li'-eratelychoson/aXemr-r  nr??"'""'*  ''"  ''"'I  <le- 
If  we  do  not  aff;ee  ortW,'„- nT  ^^f  ""«  *«  Pl^"  as  it  is. 
afraid  we  shall  Z  Z".^'^^  """  ""l-ate  ground,  ' 


two  sta*".  •••■»],    f        .'"-""■'=  grounrj,  1  am 
-      SB.^„  ,„th  u(j,er»  that  may  stand  aloof ; 


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320 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  YUX. 


and  fly,  most  probably,  into  several  confederations,  not  without 
bloodshed."  * 

Had  the  convention  listened  to  no  compromise  on  the 
slave-trade,  Georgia  and  South  Carolina  would  not  have  ac- 
cepted the  new  constitution ;  North  Carolina  would  have  cluno- 
to  them,  from  its  intenial  condition  ;  Virginia,  however  eame3*t 
might  have  been  the  protest  against  it  by  Madison  and  Wash- 
mgton,  must  have  acted  with  North  Carohna,  and,  as  a  conso- 
quoncc,  there  would  from  the  beginning  have  been  a  federa- 
tion of  slave-holding  states.      The  committee  to  which  the 
whole  subject  of  restriction  on  the  power  over  commerce  was 
referred  consisted  of  Langdon,  King,  Johnson,  the  aged  Will- 
iam Livingston  of  New  Jersey,  Clymer,  Dickinson,  Martin. 
Madison,  Williamson,  Cotesworth  Pinckney,  and  Baldwin,t  a 
large  majority  of  them  venerable  for  uprightness  and  ability 
Their  report,  made  on  the  twenty-fourth,  denied  to  the  United 
States  the  power  to  prohibit  the  slave-trade  prior  to  the  year 
1800,  but  granted  the  power  to  impose  a  tax  or  duty  on  such 
naigration  or  importation  at  a  rate  not  exceeding  the  averao-e 
of  the  duties  laid  on  imports.  J  '^ 

On  the  twenty-fifth,' when  the  report  of  the  committee  of 
eleven  was  taken  up,  Cotesworth  Pinckney  immediately  moved 
to  extend  the  time  allowed  for  the  importation  of  slaves  till 
the  year  1808.  Gorham  was  his  second.  Madison  spoke  ear- 
nestly  against  the  prolongation  ;  #  but,  without  further  debate 
the  motion  prevailed  by  the  votes  of  the  three  New  England 
states  Maryland,  and  the  three  southernmost  states,  against 
New  Jersey,  Pennsylvania,  Delaware,  and  Virginia,  i 

Sherman  once  more  resisted  the  duty  "as  acknowledging 
men  to  be  property  »  by  taxing  them  as  such  under  the  char 
acter  of  slaves ;  and  Madison  supported  him,  saying:  "I  think 
It  wrong  to  admit  in  the  constitution  the  idea  that  there  can 
be  property  in  men."  a  But,  as  the  impost  which  had  be-^n 
proposed  on  all  imported  articles  was  of  five  per  cent  and  the 
slave  was  deemed  to  have  an  average  value  of  two  hundred 
dollars,  the  rate  was  fixed  definitively  at  ten  dollars  on  every 


♦Gilpin,  1388-1396;  Elliot,  456-461. 
t  Gilpin,  1397;  Elliot,  461. 
t  Gilpin,  1415;  Elliot,  4Y1. 


*  Gilpin,  1427 ;  Elliot,  477. 

J  Gilpin,  1429;  Elliot,  478. 

^  Gilpin,  1429,  1430  ;  Elliot,  478. 


!^ 


i 


1787. 


THE  POWEKS  OF  CONGRESS. 


321 

ZuZt^Tj-r^  ""  "■'"■»''  "™»  """-''"I  ™  unanimous,, 
neia  last  as  a  diecouragoment  of  tlio  traffic.  ' 

It  ought  to  be  considered,"  wrote  Madison  near  tlio  «„,. 

'a,  a  great  point  gained  in  favor  of  humanity,  thaT  pt  iodrf 

X^ZZT^'^T'*^  forever  within  th^ie  sta  esTt  It 

mix  fr""'  "  '?«^ -PWdod  the  barbarism  o 
moaom  policy.  lUppy  would  it  be  for  the  unfortunate  AM 
cans  .f  an  equal  prospect  lay  before  them  of  te"ng  rcTcemed 
from  the  oppressions  of  their  European  brethreni "  » 

slavItdT'TrreSi:  """"'  '"  '"'"''"'  -'*''  '"o 
new  states  immedlatd;  o„Te  "adS'r"  '"•  r'^'""  "  '" 
the  end  of  the  vear  1807  T?-",'  """""S  '*^^'^  "' 
union  ,ost  the  1^  rrLiLX"es%r  S""  cfn  tt 
second  day  of  Decemhor  1  «tn«  Ti  '""i  aoioaa.     Un  the 

dcnt^l'llrt^Tj'^'''''''"'  ^""»^^'>  "^'^  '-<>■•<'«  from  the  presi- 

pe.Lfulan  end      ShroTv  Vv      ''  '"  ^'"^'^ ''"™  '^ 
must  h,-H»  ;♦.  ♦•         'i'fnt'i'-opy,  hke  genius  and  lilce  science 

niictrri^t  ^^"™'  ""-^  '■'»  ™^-^  p«-: 

added    "Trp,/-*^  '''''''''"''°  °*  "-o  community;  and 
added       The  laws  of  .mpartial  Providence  may  avenge^  'upon 


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322 


THE  FEDEIIAL  CONVENTION. 


n.  III. ;  cii.  vin. 


our  posterity  tlio  injury  dono  to  a  8ot  of  wrotcJies  whom  our 
mjustico  hath  debased  ahnost  to  a  level  with  the  brute  creation 
liiose  remarks  woro  extorted  by  a  kind  of  irresistible,  perhaps 
an  enthusiastic,  impulse  ;  and  the  autlior  of  them,  conscious  of 
f^l^r^  S'^^^  intentions,  cares  not  whom  they  please  or  of- 

During  a  previous  det)ate  on  the  value  of  slaves,  Masou 
had  observed  of  them  that  they  might  in  cases  of  emergency 
themselves  become  soldiers.f  On  the  twenty-second  of  Aiv- 
gust  t  lie  called  to  mind  that  Cromwell,  wlien  he  sent  commis- 
sioners to  Virginia  to  take  possession  of  the  country,  gave  them 

that  the  Ln  ish  might  liave  prevailed  in  the  South  in  the  war 
of  the  revolution  had  they  known  how  to  make  use  of  the 
slaves ;  that  m  Virginia  the  royal  governor  invited  them  to 
nse  at  a  time  when  ho  was  not  in  possession  of  the  country, 
and,  as  the  slaves  were  incapable  of  self-organization  and  direc- 
tion, his  experiments  by  proclamation,  addressed  to  them  in 
regions  not  within  his  sway,  totally  failed;  but  that  in  South 
Caro hna,  where  the  British  were  in  the  full  possession  of  the 
county,  they  might  have  enfranchised  the  slaves  and  enrolled 
them  for  the  consolidation  and  establishment  of  the  royal  au- 
thori  y.     But  the  civil  and  military  officers  in  those  days  of 
abject  corruption  chose  rather  to  enrich  themselves  by  ship- 
ping  the  slaves  to  the  markets  of  the  West  Indies.      Five 
months  later  Madison,  in  a  paper  addressed  to  the  country,  re- 
marked:    An  unhappy  species  of  population  abounds  in  some 
of  the  states  who,  during  the  calm  of  the  regular  government 
are  sunk  below  the  level  of  men  ;  but  who,  it  the  fern pestuous' 
scenes  of  civil  violence,  may  emerge  into  the  human  character 
and  give  a  superiority  of  strength  to  any  party  with  which 
they  may  associate  themselves."  #    Slave-holding  was  to  be 
borne  down  on  the  field  of  battle. 

The  dignity  and  interests  of  the  United  States  alike  de- 

*  Geoi-go  Mason's  extracts  from  the  Virginia  charters,  with  some  remarks  on 
them,  made  in  thp  vpnr  ^'7^'^      ure     rri  ,  "■"-"'"<- rcmaiKS  on 

Ic-isMnrrJ  V     •  •  ^  '    ^''°  P"P"''  *''°"Sh  communicated  to  the 

r        H       ^"■^'""'  ''"'  ""'  ''"'"  ^"""^  '■"  ''«  ^''^'^^<^'-    Wy  copy,  which  is 

t    .np.n,  10G8  i  Elliot,  290.  j  cAlpln,  1390  ;  Flliot  458 

ilad^son  m  the  Federalist,  No.  xliii.,  published  25  January  1788 


f     :!. 


II. ;  on.  viii. 


1787. 


THE  POWERS  OF  CONGRESS. 


rciuirod,  „a  in  „„  othc  „  b  ^f  3  >  ;™  '"  """  ""■"'""'ion 
jority  of  tl,o  two  iZZofy  "V  "o™  """'  "  '«^ 
started  ,,,,  i„  t|,„  ,C«U,  m^        i^T-.  "^  '""""S  opposition 

"'  v..m.  On  ti;  1' ,&  V",  '^  ^"■"''"P'' '  '™'  ''  -'^ 
defended  ti.e  report  of  tl'  ^f^"'  ^''"'s''*' "'«'  R»"<'<lgo 
"'""oneos  „..  prijtd iee  if  :::  "<^'"»'™'"™-  i''-  from  locd 
nations  in  treaty  with  the  rrT'f  fc/^  '''■"'"'  """  "'^  "'"Ps  of 
carrying;  trade  •  U,I  a  ,•'„  "f^  f '"^'^  "<"'W  "'""-o  m    l.oir 

boeanschtwo^l'dt  „tt  r;,  '^^^^^^^  """'"  "'^  '^'"  '"-?»-/. 
-  of  northe,,,  ship  ,i"  that  ^f  ""w""? "^  "'  ^•"'"'«"'  -  ^^ 
object  to  bo  obtai,'J    'f ;,;      J^,^;:'  I"<^-  «o  waa  a  great 

act.  Cotesworth  Pinel<ney  o 3  hatZ  h"  n  "  ""'«""'"' 
affunst  the  eastern  states  brilf  ,.f  ""'" ''"■"J"'''™'' 
lil'oral  and  as  candhl  as  ™v  II  ,  ^""^  ^^""^  *'<'e»'««  °» 
Delaware  and  Sonth  (V^^  ■  '•"°™"'-  «"  «">  q-estion, 
Maryland,  V  rgi.-f  i^:;^ '""f"-'"  «-  '""tod  Nortl^agains 

vote  tlieconventL  a  'te7  '"'""'' "r''»"'''-  ^^'^  «"^ 
to  grant  to  tl.e  majori  ^  hftt  tr';'''°"f ^  "'"  ■'~'"'^'"™ 
I'ower  to  make  lats  VZhlJ^l  ''''  °'  "°"«''°»^  f"" 

JJandoIph  was  so  mneli  toH  ^i  ,7""'™"  "'"  navigation. 
wl.othe.-ho  shonld   eable  toat  1   T  '"  "^P"'^''''  »  "''""bt 

mon,  deeply  in  ea^e  t  ryeSd\t?T''''"™-"    ^'-"' 
Of  now  state,  tl,„  v-    •  •      .  omotions  in  elicelc. 

a™ingwithrth;tSTz'u:i;rLr.™ 

admission  vaguely  rennired  IoIm  ^'"'«^'    "nd  for  their 

eommittee  of  detail  ZLJT  '  ""'"'""'"'  ^^i  "-e 

liouse  of  congress  LwiU^H        ''""™'  "^  '™  "'''■<>»  of  eaeh 

p"«ti  t  t?;^rortro!i;::ir"'r  "tt  -^  ^'•'"■ 

gross.  itwafnot„:e,fe'::^tr;r'""™"''^<'«°f-- 

tation  to  anne.  itself  Chntn    tf  tZ  A°  "'^•"^'^  "•"  '"^'- 

v^  uiuuxi ,  out  tlie  American  mind  in 


{ 'If  'i  I 


'     ! 


,  i'  I  .' 


li     f     • 


i , 

H 

■    V 

«  • 

^^B 

i>'i''  ,  1 

,  '^r 

''^1 

1  i .,- 

'^^H 

1  i*     t 

'    ^H 

pi    1 

'■ 

fm  ■  i 

iW'l 

!^d  ' 

fW^'  M 

I 

m 

iitij 

■■lM 

zu 


h 


'(( 


i  4    i.  1 


I      f 


;  :  I  ^  'I 

-  -f- 1'*^  ff    • 


I         !' 


'i^e.l 


Ml 
■ift  ' 


THE  FEDERAL  CONVENTION. 


nni.;  on.  viit 


tho  strength  of  indopondonco,  foresaw  its  oxjwision.     Tho 
nsing  states  beyond  tho  mountains  were  clamorous  for  tho  un- 
obstructed  navigation  of  tho  Mississippi,  which  might  load  to 
the  anpiisition  by  treaty  of  all  tho  land  east  of  that  river- 
and   tho   boundary  on   the  south,  aa  well  of  Georgia  as  of 
Florida,  had  never  been  adjusted  with  Sp.iin.     (Jouvorneur 
Morris  liad  at  an  early  day  desired  to  restrict  the  limits  of  the 
United  States  ;  he  now  gave  his  ancient  fears  to  the  winds  and 
acceding  in  advance  to  the  largest  eventual  annexations,  ho 
proposed  these  few  and  simple  words:  "New  States  may  bo 
admitted  by  the  legislature  into  tho  union,"  with  tho  full  un- 
derstanding and  intention  that  an  ordinary  act  of  legislation 
Bhould  be  sumcient  by  a  bare  majority  to  introduce  forei<m 
territory  as  a  state  into  the  union.--     This  clause  the  convention 
accepted  without  a  debate,  and  without  a  division. 

On  tho  thirtieth,  Maryland,  impelled  by  a  desire  to  guard 
the  right  of  the  United  States  to  the  back  lands,  and  to  bo  tho 
champion  of  Kentucky,  of  JVIaine,  of  Vermont,  and  of  tho 
settlements  on  the  Tennessco  river  and  its  branches,  would 
have  granted  to  the  legislature  of  the  United  States  unlimited 
l)ower  to  dismember  old  states,  but  was  supported  only  by 
Delaware  and  New  Jersey.     Vermont  might  onco  have  been 
included  within  "the  limits"  of  New  York,  but  certainly  ro- 
mamed  no  longer  within  its  jurisdiction.     By  changing  the 
word  "limits"  to  "jurisdiction,"  tho  convention,  still  follow- 
ing Gouverneur  Morris,  provided  for  its  future  admission  to 
the  union  without  the  consent  of  New  York.    In  regard  to  the 
soutlMvestera  settlements,  the  preliminary  consent  of  the  states 
of  which  they  then  formed  a  part  was  not  dispensed  with     In 
like  manner  no  state  could  be  formed  by  the  junction  of  two 
or  more  states  or  parts  thereof  without  the  concurrence  of  such 
states.     The  country  north-west  of  the  Ohio  having  already 
been  provided  for,  the  rule  for  the  admission  of  new  states  was 
thus  completed  for  every  part  of  the  territory  of  the  states  or 
of  the  United  States.     The  convention,  still  using  the  language 
of  Gouverneur  Morris,  and  no  one  but  Maryland  dissenting, 
assigned  to  the  legislature  the  power  to  dispose  of  and  make 

*  Gilpin,  1453;  Elliot,  493.     Life  and  Writin^^3  of  Gouverneur   Morria  by 
Sparks,  m.,  18n,  185,  290.    Coolcy'a  Story,  1282,  etc. 


ni.;  ou.  viit 

lion.     Tho 
or  tho  uii- 
;!»t  luad  to 
liut  river; 
gia  as  of 
iuvorneur 
its  of  tlie 
inds,  and, 
itious,  ]io 
8  may  bo 
0  full  un- 
pgislation 
)  foreign 
'iivention 

to  guard 
to  bo  tho 
d  of  tho 
3,  would 
nlimited 
only  by 
ive  been 
ainly  re- 
^ng  the 

follow- 
ssion  to 
•d  to  tlie 
10  states 
itli.     In 

of  two 
of  such 
already 
ites  was 
itates  or 
nguage 
sen  ting, 
i  make 

ilorria  by 


THE  POWERS  OP  CONGRESS. 


1787.  _„_   ..„ 

'326 

ii-very  word  in  tho  constitution  bearing  on  tho  subion^  .f 
*.nri     *i       •   ^"?'^"^^-     '^  ftor  the  section  re  atinir  to  tho  Rlavn 
directed  to  bo  taHn"^     T.  ^^'^  ««««"«  hcreinbeforo 

*fiil|.ln.  1234,14111;  Elliol,3M,  471 

t  Sp«.h  or  li.U„,„  ,„  ,„.  H„„,.  „,  „p,„.„,..,„,,  ,3  ,„^„,^^  ^^^^^ 


l'   .■    I' 


M^ 


326 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  IX. 


' . 


iU  h 


i'iiiri!' 


CHAPTER  IX. 

THE  PRESIDENT. 

Jolt,  August,  and  SErTEinjEE  1787. 

.  How  to  call  forth  one  of  the  people  to  bo  their  exeentive 
dnef  for  a  hmited  period  of  years,  and  how  to  elothe  "ilh 
just  snfteient  powers,  long  baffled  the  eonvention.  fJZ 
governments,  in  Greece,  in  S™t.erland,  and  in  IMland  life 
the  confederation  of  the  United  Stated,  had  been  w'ftou  a 
^parate  exeentive  branch  ;  and  the  electiVe  monarcWro?  Po! 

precedente  The  report  of  the  committee  of  detail  of  the  sixth 
of  Angnst  mtrodnced  no  improvement  in  the  manne  o  selet 
mg  a  president;  and  it  transferred  to  the  senate  the  power  t. 
make  treat.es  and  to  appoint  ambassador  and  judge^s" 
snpreme court.*  Questionsrelatingtohis  dutieslongre,„dned 
an  donbt;  the  mode  of  his  election  was  reached  on^  " 
fore  tlie  close  of  the  convention. 

The  Virginia  plan  confided  the  ehoice  of  the  executive  to 
the  national  lea-islatnre  "  <*„  „i„„i'  i  ^,  o^ci^uuve  to 
t„ro  »  „K,-.„t  I T  '^  °'"'™  ^'y  *°  national  legisla- 

Z:  «  -1, 1  ^o"™™"--  Morris,  on  the  seventeenth  of 
July,  «  wil  be  he  work  of  intrigue,  of  cabal,  of  corruption 
and  of  faction;  it  will  be  like  the  election  of  a  pope  by  a  eon- 
clave  of  cardina  s ;  of  a  king  by  the  diet  of  Poland  •  red  merit 
will  rarely  be  he  title  to  the  appointment."  He  moved  for 
an  e/oction  by  the  "  citizens  of  the  United  States."  f  Sherman 
preferred  a  choice  by  the  national  legislature.  WiLon  Sed 
on  an  election  by  the  people,  should  no  one  have  amaTo^^ 
then,  and  then  only,  the  legislature  might  decide  between  fte 


.  III. ;  OH.  IX. 


1787. 


executive 
lim  with 
Federal 
and,  like 
ithout  a 
3s  of  Po- 
ivailable 
;he  sixth 
•f  select- 
)ower  to 
s  of  the 
jmained 
just  be- 

itive  to 
legisla- 
snth  of 
uption. 
'•  a  con- 
1  merit 
i^ed  for 
lerman 
nsisted 
•jority, 
en  the 

322. 


TUE  PRESIDENT. 


327 

candidates.*    OliarTpo  P,'r,«i 

people,  because  IrwrJr^rrt  •""/''"""■^  ^'  ^^^ 
of  the  populous  states  led  hv! f  ]  •  .°'°^  *°  "  combination 
tbe  choieeof  aproleil^/   /''^^^^^^  "To refer 

l»ople/>rotesterCnT;t/r  ""''■»* "^g-'^ate  to  the 
trial  of  oolo«  to  a  bSn  "ft  "f  ''  r"'""'"'  "^  *°  '''^''  " 
observed  WilUamson  "is  '-^  ,  ^ V  °° ''^ ""=  P'^OP'"'" 
fetvote  Pennsyw'    tL  !,  "PPW"  ment  by  lot."    On  the 

proposed  to  intfnrtCa;;' itrenTrr ,"  ?"'    ""*» 
states;  and  was  supported  onlvbln         "  '"S'^'"'"™  of  the 

On  the  mode  o^cCosiSht^  T"™  ^"'^  ^^"^'^d- 
period  of  offlee  J huT2J^^',^"''"^'T'  '^  "^°S«>  "f  his 
The  convention,  in  «S  fi^,'"^''^  'f  -^^"-O- 
years  with  a  prohibition  ,f  VT  *•  ^  '""'""^  "'  ««™n 
William  Houston  o  Geo  lia„™;.^"  *''^  """o"  of 
Gouvemour  Morris  t^r  f„  '  ?''"''"'  ''■>'  ^''^™»  and 
out  by  si.  sta  r  Jt  ^°7"'^'"'^^.^otatiou  was    struck 

Carolinas.    The  e«™Z  ,,?     ™'  ^"'^""'^  ^"-^  tl'o  two 

of  Delaware  revived  "ridl^T^^'t^^^  J""*  '^'-O'" 

MoClurg  held  that  the  rndjenlee  „nh?^™',"'  """'^- 
less  essential  than  thp  ir.^/    7         .    ^  executive  was  no 

president,  electeTfofa  iStX:   ^Z^ttf  ^^  ? 

"good officer  in  placTho  m^d  t1 7^  f  "'^  ^-^y^' Preserve 

be  good  behavil  'G:„";e?to  T'°'-°®"'''°"'' 
Broom  found  all  his  diffie„re"™  "TsTf  t'  j'"^" 
interposed  Shenmn   «,'.  r,  -^u      ""™ed.     "Such  a  tenure," 

«onJi,ldepenTo:Vdb"rX^:  "°^  ^^»-*=  -'- 

'ature,  and  at  h  an tor^o^Crr  *"  *°  T"™^  '^S^ 
to  the  longest  period  of  LT  Tlu  ^'^''^''^  disincUned 
and  effectual  imoval  bvl  t'  '''  '''™"™  «  """^  <"^'r 
*'ed,"|  argued  Zthe'^rcSyTl  """  "T  "^^  ^^ 
'og^lative,  and  ^udicia,  ""^l^  ^^^ 

*  Gilnm    7101.   nil..-. ' 


*  Gilpin,  1121;  Elliot,  323 
"-"""'     1121;  Ell: 

Madison's  Writin 


'gs.  i.  34fi  ■ 


*  Gilpin,  1123;  Elliot,  324. 
"Gilpin,  11 2B,  1126;  Elliot,  326. 


H 


f 


hi 

I 


>*'   ; 


Gilpin,  1127;  Ell 


iOl 


326. 


■I 


# 


<■;  :t 


■'<*•»-    *, 


Hir  I II 


•iffJ 


'fill  I' 

!     HI      I'l     t 


i\mi 


828 


TEE  FEDERAL  CONVENTION. 


B.  III.  ;  OH.  IX. 


that  the  tenure  of  good  behavior  for  the  executive  was  a  less 
ejection ""  '^'  ^'^P^^^^^^e  «^  the  national  legislature  for  re- 

Mason  replied:  "An  executive  duriug  good  behavior  is 
only  a  softer  name  for  an  executive  for  life ;   the  next  easv 
step  wm  be  to  hereditary  monarchy.     Should'the  motTon  suc- 
ceed, I  may  myself  live  to  see  such  a  revolution."     "  To  nre 
vent  the  introduction  of  monarchy,"  rejoined  Madison,  "is," 
with  me,  the  real  object.    Experience  proves  a  tendency  L  ou; 
governments  to  throw  all  power  into  the  legislative  vortex 
The  executives  of  the  states  are  in  general  little  morrhan 
ciphers ;  the  legislatures  omnipotent.     If  no  effectual  check  be 
devised  on  the  encroachments  of  the  latter,  a  revolution  wiU 
be  nevitable."     After  explanations  by  McClurg,  four  states-- 
^e  V  Jersey,  Pennsylvania,  Dela^vare,  and  Virginia  Madison 
voting  with  McClu.g-expi.essed  their'  preferen^eToifhe  I 
ure  of  good  behavior  to  the  tenure  of  seven  years  with  a  per- 
petual re-ehgibility  by  the  national  legislature.*     Massachu- 
setts wa^  among  the  six  states  in  the  negative,  though  to  Kin^, 
who  "rehed  on  the  vigor  of  the  executive  a^  a  grit  security 
for  the  pubhc  hberties,"  the  tenure  of  good  behavior  would 
have  been  most  agreeable,  "  provided  an  independent  and  ef- 
fectual forum  could  be  devised  for  the  trial  of  the  executive  on 
an  impeachment."  f 

This  discussion  brought  the  convention  unanimously  t  to 
the  opmion  that  if  the  executive  was  to  be  chosen  by  the  na- 
tional legislature,  he  ought  not  to  be  re-eligible.  Those,  there- 
fore, who  agreed  with  Sherman,  that  the  statesman  who  had 
proved  himself  most  fit  for  an  office  ought  not  to  be  excluded 
by  the  cons  .tution  from  holding  it,  were  boimd  to  devise  some 
other  acceptable  mode  of  election. 

T^  !^^^'^'  ^'I'r  v^""''^^'  ™  ^"  immediate  choice  by  the  people 
But  here  Madison  pointed  out  that  "tlie  right  of  suffrage  was 
much  more  diffusive  in  the  northern  states  than  in  the  south- 
em ;  and  that  the  latter  would  have  no  influence  in  the  election 
on  the  score  of  the  negroes."  ^  To  meet  this  difficulty,  King 
revived  Wilson's  proposition  for  the  appointment  of  the  ef 

#  r<:i_:_     ,,«.. _ 


•Gilpin,  1127,1128,1129;  Elliot,  326,  327. 
f  Gilpin,  1157;  Elliot,  342. 


t  Gilpin,  1147;  Elliot,  337. 
*f  Gilpin,  1148;  Elliot,  337. 


.  m. ;  OH.  IX. 

was  a  less 
re  for  re- 

jliavior  is 
next  easy 
otion  suc- 
"  To  pre- 
lison,  "is, 
icy  in  our 
e  vortex, 
tore  than 
check  be 
tion  will 
•  states — 
Madison 
'  the  ten- 
th a  per- 
[assachu- 
to  King, 
security 
r  would 
i  and  ef- 
sutive  on 


178r. 


THE  PRESIDENT. 


329 


o2' 

We  t.  fewest  objeotiZ"?  ToC       "'  "°"  "'^  "■-'«' 
convention,  which,  on  the  m.L     i  I,?'  '"  P"^'  *'"»«'>'  the 
states  to  three  that  th.     ,"    T      ^"™'"^''' <i«'=w4by6iK 
by  elector ;    n^  h^  '^  TT'^f  »'«'"'<'  "«  WolS 
be  chosen  by  the  stltet^ett^  7%""'  '''"'''""''''  ^'-"W 
P-rity  of  the  cleeto,^  bod v  tW     !  ,„^f ""  °'""^''™'=«  ">  t^e 
of  the  executive  was  a^^.  ,ffi     cstabhshed,  the  re-eligibiUty 
"gainst  the  two  cClinf  .f  ?'"  '^  ^  ™'^  "^  -^'s'^^'^tes 
gibility,  the  term  of  offiee'wr.;  r,r°'T""="  "^  *^«  "=■««- 
by  tl.e  vote  of  all  the  statesTu't  n^  '  °  """''°"'  '•'^'^™^d 

«^.  I    So  the  convention tpod  ^  "  f  "'^  '''"'  ^^^  "> 

a  corrnpt  traffic  between  theT.r  f  f?"  ^™'"  ""^  ^^S^''  of 
for  the  executive  bylembltal T"  ^^"Y""'  ""^  "^""'^^te^ 
toral  college,  chosen  bX£i.  '""'  ff  ""^  S^^d  ^'^c 
tbe  sole  purpose  of  ele^tl^  'ZfX:  "'  "'^  ^"^™'  ^'^'^  ^» 

grave^tFecrnAtw'rr  ^T'"^^'*  ^'^^^^  *"' 
>-'-  the  government  "oo  eo'  fe."™'  "'■n"'^  ^'^"'«--  ^"U 
tcra  in  the  state  feel  sufficTent  ,2  ' ."'"'  T'"  ""'  '■"^'  "harae- 
Oa  the  previous  daySr  f^    "'"*''^*''^"'^<"a'=o."A 

thoughts  of  the  conL&X  le  "'^"  '"^  ''^-'^'i  '''e 
convenience  of  drawin.  to"  ethert    T'^'  """^  "^"•^»''  i"" 
tbo  single  purpose  of  eketiS!nW    "^  ""  *^  ^""^^  ^"^ 
'ikewise,  it  now  seenfed  SaW^  ,T'*'''-'' «    '^°  ''™' 
nudertakethe  service     h!w!!  .    .?"'  ""?'"'''=  '"»  ™„ld 
by  these  considerations,  but  sffl  '  f-  '°-'™'  '°  "•    ^^^d 
greater  purity  of  an  ele  tor  ,  e"ll  I  Te^"'  ""•"''""  °^  *^ 
votes  against  four,  in  the  wearS'of    ''^^"'■on,  by  seven 
tbe  plan  of  electing  the  nation,!        !■  ™f  ""''o".  «"><med  to 

*  Gilpin.  114Y.  RiJS«*   oo,  ' 


Gilpin,  1147;  Elliot,  336 
t  Gilpin,  1148;  Elliot,  337 
t  Gilpin,  1160;  Elliot,  838 
Gilpin,  1150,  1161;  Elliot.  33S 


I  Gilpm,  1151,1152;  Elliot,  339. 
^Gilp.n,  1189;  Elliot,  368 

0  Gilpin,  1186;  Elliot,  367. 

1  Gilpin,  1190.  ElUot,  359 


t\ 


if' 

* 

Mf^ 


M 


II 

|M 

V 

PI  t  :Hf 

f 

i 

IhK 

j. 

HI 

r  ■  i 

I^HJf  y 

! 

mmi 

' 

'  t 


330 


THE  FEDERAL  CONVENTION. 


B.  HI. ;  on.  rx. 

and  one  crude  scheme  trod  on  the  heels  of  another.  William 
6on  pleading  the  essential  difference  of  interests  between  the 
northern  and  southern  states,  particularly  relating  to  the  cairy- 
mg  trade,  "wished  the  executive  power  to  be  lodged  in  three 
men  taken  from  three  districts,  into  which  the  states  should 
be  divided."  *  "At  some  time  or  other,"  said  he,  "  we  shall 
have  a  king ;  to  postpone  the  event  as  long  as  possible,  I  would 
render  the  executive  ineligible."  f 

In  the  event  of  the  ineligibility  of  the  executive,  Martin, 
forgetting  the  state  of  anarchy  and  faction  that  would  attend  a 
ong  period  of  service  by  an  incompetent  or  unworthy  incum- 
bent,  proposed  that  the  term  of  executive  service  should  be 
eleven  years._^     "From  ten  to  twelve,"  said  Williamson.* 
^  Fif  een,    said  Gerry;  and  King  mocked  them  all  by  propos- 
mg     twenty  years,  the  medium  life  of  princes."!     Wilson 
seeing  no  way  of  introducing  a  direct  election  by  the  people, 
made  the  motion  a  that  the  executive  should  be  chosen  by 
electors  to  be  taken  from  the  national  legislature  by  lot. 

Ellsworth  on  the  twenty-fifth,  pointed  out  that  to  secure 
a  candidate  for  re-election  against  an  improper  dependence 
on  the  legislature,  the  choice  should  be  made  by  electors.^ 
Madison  hked  best  an  election  of  the  executive  by  the  quali- 
hed  part  of  the  people  at  large.  "Local  considerations,"  he 
said,  must  give  way  to  the  general  interest.  As  an  indi- 
vidual from  the  southern  states,  I  am  wilHng  to  make  the 
sacrifice."  J  o  ^^ 

^  And  now  came  into  consideration  an  element  which  exer- 
cised a  constant  Lias  on  the  discussion  to  the  last.  Ellsworth 
complained  that  the  executive  would  invariably  be  taken  from 
one  of  the  larger  states.  "  To  cure  the  disadvantage  under 
which  an  election  by  the  people  would  place  the  smaller  states  " 
VVilhamson  proposed  that  each  man  should  vote  for  three  can- 
didates.  t  Gouvemeur  Morris  accepted  the  principle,  but  de- 
sired to  limit  the  choice  of  the  voters  to  two,  of  whom  at  least 

I  r?-"'  ]\ll\^''''''  '''■  I  «'^P'".  ''''  ;  Elliot,  360. 

I  r-""'      o  '  T '  "=""'•  '"'•  "  ^''P-'  11««     Elliot  362. 

i  r-f  •"'     o^  '  !  "*•  '''■  *  ^'"P'"'  '  1^8 ;  Elliot  363. 

Gzlpm,  1190;  Elliot,  359.  j  Gilpin,  1201 ;  Elliot,  365. 

J  Gilpin,  1204;  Elliot,  366. 


J.  ni. ;  on.  rx. 

William- 
stween  the 
the  carry- 
id  in  three 
tes  should 
"  we  shall 
B,  I  would 

e,  Martin, 
1  attend  a 
ay  incum- 
shoiild  be 
liamson.* 
y  propos- 
Wilson, 
e  people, 
hosen  by 
)t. 

to  secure 
pendence 
3lectors.^ 
he  quali- 
ons,"  he 
an  indi- 
lake  the 

ch  exer- 

Usworth 

en  from 

e  under 
states," 

ree  can- 
but  de- 

at  least 


1787. 


THE  PRESIDENT. 


331 


331 

one  should  nai  ha  rxf  ^  ' 

Sincerity  to  the  next  obieetr  A  ^   I  •     '  "^"""^  ^^  «-ith 
tie  proposition  ngain     ■■  ""  ''''""'^•*    ^>'«  'i^'"  nieet 

an  etstr:ti:Tr"^  "'^^•^*"= «»  »=-- 

tie  legislatures  or  exeente,  o  t  .tTV^'f  ""'•'''  "^ 
toward  an  election  by  the  neonir^i  •  f'r  ^ ''"^ '""K kancd 
and  the  purest  soureef  Let  a?!!  "  ^  ^  ''"^"'^  '^  «'«  bost 
best  citizen,  and  ont  of  the  t&f  T''  ^*='"'  ^''°°«=  "^ 
ecutive  magistrate  may  be  chl  nl-M™",'  *'""  *''^<^'<^'>  an  ex- 
'ature  or  by  electors  a^po^y  il-f  '"^  '^^  '>^«»-'  '<=«■•- 

--^inSX^rcTolnr:?!'.  ^"^^  -<>  «-"er 
to  a  committee,  but  TTita  bsLt  "l  a  '°®  '°  """  '=^'^™«™ 
--t  first  be  fixed  by  a  vote  of  the  holt  ,"  '""'"  ^™'='^'« 

tl.e  -r  dSnt^f  :Ct^b*  '^"^™  '-^'''""^'^^  "" 
f-  chief  magistn.te:  b^   1  e  p  027/'°^°?^  °*  "°*"g 
turcs  of  the  states;  bytheexecS!  1n'^^'  ^^  ""^  '''Sisia 
chosen  by  the  peo^Ief  tohZ'L    *,'  I"'"' '  "'^  ^''=°'°™ 
lature  ou  the  Lnina'tion  of  ttettl  ^ '"'i,''^  "''''^'- 
soveral  state ;  by  the  leo-islature  o„  tf         fandidates  by  each 
didate  from  each  state"    A  ft?        ^^  r"™^"™  of  one  can- 
eluded  that  an  eleZ^  ttettZn''"?.  f"  ""'  '"'  <=- 
proposed,  was  the  best     At  Z         V'^''  "'""'  "^  o''''gi"alIy 
very  palladium  of  ei  ^  libertt  ti,a":,    "'  ''  '""  ''  *»  ''^  t^"^ 
and  particularly  the  exeoS  ;  h     fatTl^  •","'  *'«' 
to  that  mass  from  which  they  were  ttl  It  J?"'^'  '•'='"™ 
meut  by  this  train  of  thought   tL  ■     '^  ^"'"  ""=  "'O" 

against  Pennsylvani!,  Delate  n  7^™?" °"  ^^^  ^''^  »'ates, 
equally  diridod,  roso  ved  tW  :  „t."7'™<'' '""'  Virginia 
tuted;  toconsis  of  a  Ln.lc  nl"  T"'  f"'^™*'™  '"=  ^nsti- 
the  national  legislature  for  77 '  "'^Z  *™'''  >"=  «'«'«'=''  V 
ineligible  a  seeo1.d  time  '|  '"™  °^  ^"^°  ^'-^^ '  and  be 


*  fiilpin,  1205  ;  Elliot,  567 
t  Gilpin,  1206;  Elliot,  367, 
VOL.  ri.— 23 


t  Gilpin,  1207.  Elliot,  368 


t        li 


1 

1 
t 

i 

i 

'  i 

iir  ' 

Ibid. 


I  Giip; 


'.VI 


'n,  1211 ;  Elliot,  370, 


«-.' 


ill 


;  m 


'ii. 


^:    I 


332 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  IX. 


son,  Gouvernenr  Morris,  and  Gerrj;  foremost  for  the  election 
by  that  body  were  Rutledge,  Mason,  and,  in  a  moderate  de- 
gree. Strong.  During  the  debate  Gouvernenr  Morris  had  de- 
clared :  "  Of  all  possible  modes  of  appointing  the  executive,  an 
election  by  the  people  is  the  best;  an  election  by  the  legisla- 
ture is  the  worst.^  I  prefer  a  short  period  and  re-eligibility 
but  a  diiferent  mode  of  election."  f  In  this  he  spoke  the 
mmd  of  Pennsylvania;  and  he  refused  to  accept  the  decision 
of  that  day  as  final. 

^  On  the  twenty-fourth  of  August  the  report  of  tho  com- 
mittee of  detail  relating  to  the  executive  came  before  the  con- 
vention. All  agreed  that  the  executive  power  should  bo  vested 
in  a  smgle  person,  to  be  styled :  the  President  of  tho  United 
States  of  America;  and  none  questioned  that  his  title  might 
be :  Ills  Excellency,  t  According  to  the  report,  he  was  to  be 
elected  by  ballot  by  tho  legislature  for  a  term  of  seven  years 
but  might  not  be  elected  a  second  time.*  ' 

The  strife  on  the  manner  of  his  election  revived.  Daniel 
Carroll  of  Maryland,  seconded  by  Wilson,  renewed  the  mo- 
tion, that  he  should  be  elected  by  the  people ;  but  tho  house 
was  weary  or  unprepared  to  reopen  the  subject,  and  at  the 
moment  the  motion  received  only  the  votes  of  Pennsyl- 
vania and  Delaware.  ||  Rutledge  then  moved  that  the  elec- 
Mot"  ^'^'''^^''^  ^^  ™^^^^  ^y  t^e  legislature  in  "joint 

The  conducting  of  business,  especially  of  elections,  by  the 
two  branches  of  the  legislature  in  joint  session  was  from  eariy 
days  famihar  to  the  states,  and  was  at  that  time  established  in 
every  one  of  them  which  had  prepared  a  constitution  of  its 
own  with  two  l)ranches  of  the  legislature,  so  that  the  regula- 
tions for  that  mode  of  choice  were  perfectly  well  understood. 
New  Hampshire  had  had  the  experience  of  both  methods- 
many  of  its  officers  were  chosen  annually  by  joint  ballot,  while 
Its  representatives  to  congress  were  appointed  by  the  concur- 
rent vote  of  the  two  houses.  Unhappily,  throughout  this  part 
of  the  work,  the  equal  vote  of  the  smaller  states  with  the  larger 


*  Gilpin,  1193,  1204  ;  Elliot,  361,  366 
f  Giii.in,  1195;  Elliot,  362, 
t  Gilpin,  1417;  ElUot,  472. 


*  Gilpin,  1236;  Elliot,  380. 
I  Gilpin,  1418  ;  Elliot,  472. 


n  i 


D.  in. ;  on.  ix. 


mr. 


THE  PRESIDENT. 


333 


weld  deprive  the  senate™     1    J"  •'"'"'  •"•""''  ^'^'^^^  '' 
l-^ncl,.    "H  i,  wrong"  saMOnS™  .?  ""^  """^  """-"ons 

«tI.o  object  to  bekeptinlr  dT"™,"  ""  J"""'«  S-^ 
™o  ,f  tl,c  t«.o  Jiouses  vote  IZAm'"^  ",''  <'°"f°^»n  will  en- 
pn  .1,0  elmiee  of  the  oth  r  "  "^S^^^'^'  "^^f  J'^ving  a  negative 
;n  .1.0  wako  of  Shennan  Lo^?  ™  ^»:' ^farley,  f„„:„i 

-  Po;--  of  tl.0  smalle72t",J""    '«"»'. -.-"Pairinl 
irampsLire,  enlightened  bv  exnew'       ■""  ,  ^■''"S'lon  of  Kow 
gren.  difficulties  of  ^vll&™";%"'  ''«■"»-  dwelt  on  the 
wo  bonses  wa«  produetive;     .dliK?;    T™*'  ™"^  ^y  the 
)io  approved  tl,o  juint  ballot    "  ,^''°''  P*™'  «  I'o  was 

Hampshire  a,  a  4a,!  state*'-    Wm"*  '  ""'""""^  '»  N'^w 
senate  might  have  an  interit  i„  tl  ^'"''Aed   "that  the 

f  way,  if  its  separatotlTurL eoT"!n''''"^  *^'-'-  » 
tbe  same  s.do  spoke  Madlon    "n  1  *"  '■"l"''''''^-"    On 

prevailed  by  seven  stls    "iCc    "  'T'""  "'  ^"^Og^ 
Mao-land,  and  Georgia.!  Conneet.eut,  New  Jersey, 

These  four  states,  ioined  bv  n„i 
»  tl.e  joint  ballot,  tl  vote^^^^rr'/','™  """"'d'^'i  that, 
deeision  turned  on  Now  iCos  2  ,'f  ™  ^^  ^'"'"^  i  «'o 

o«c  opinion  of  LangdTn  nofcril'l.^""""™^  "''^  P»«- 
negatived  the  propofal.  Forri e)-  1 ''''"'  ^'"'^^  •■'■■"' 
jonty  of  tho  votes  of  the  meml!!,  °*  P'''=="'=°''  »  »a- 

J.^oy  alone  dissenting  tTite '''T*  ""'  '•"^'"^^<''  ^^^^ 
highest  should  be  equfl,"  Read  of  n  .  ™'''  "^  ""^  '»•'' 
fron>  the  constitution  of  h  s  own  !t^ "■"'  "'"«  »  <=1™»» 
dent  of  the  senate  shonld  live  "„ t,  Iv"°T'^  "'"'  *<'  P^««- 
*«agreod  to  by  a  general  ncgltive  "™'  "'" '  ''"'  "  ^- 

-ve'eSt."' irsitt^tn™:;"""'™  '"'"p-"  with  do. 

«.at  would  follow  frlmlL'"  1"°""°^  '"S'^'^"™  t~ 
*«  Vslatu^e  for  hiHli Cf     --fo  ^^P^dtnt  on^ 


('■ 

i  ■ 

1 

1  ,; 

u 


I      I 


f  'i. 


W|::.^  ^) 


( 

1 

1 

1 

I        'I,  I 


i'l 


I  <   it 


I  '  i'f 


/  .;, 


11'       I 


334  THE  FEDEliAL  CONVENTION.         b.ii,.;cu.u. 

"cabal  and  corruption  "  -  which  wonld  attach  to  that  uictliod 
o    cho.cc.     Ti>e  plan  of  choosing  the  president  hy  de  to's 
which  ho  now  revived,  had  made  such  progress  that  five  states' 
voted  With  him,  amoiig  them  Pennsylvania  aiid  Vii-giiiia     A 
refci-ence  of  the  subject  to  a  coiiimittee  was  lost  foi  the'  mo- 
ment by  a  tie  vote,  Connecticut  being  divided  f     But  onln.Vm 
npciicd  so  f.t  that,  on  the  thirty-iirs?  of  Augutt,  t t  mideof 
choosing  the  president,  his  powers,  and  the  question  of  his  r!' 
eligibility,  was  with  other  unfinished  business  referred  to  a 
grand  committer  of  one  fi-om  each  state.     The  Eleven    .1, 
pointed  by  ballot,  were  Gilman,  King,  Shermaii    Bi2l  ' 

Goiiverneur  Morris  had  loudly  put  forward  his  wish  to 
make  of  the  senate  a  thoi-oughly  aristocratic  body,  and  of  the 
president  a  tena,it  for  life.  It  agreed  with  this  vhJw  to  fpo 
the  eveiitua  election  of  the  president  in  the  senate.  The 
clectora  colleges,  iii  the  M-ant  of  all  means  of  rapid  intercom! 
munication,  would  have  rarely  cast  a  majority  L  on  nia  • 
and  the  requisition  on  the  electors  to  vote  each  for  two  men' 
increased  the  chances  that  there  would  be  no  election,  and  tha 

state  He  was  aware  that  the  outgoing  president  would  be  apt 
to  be  a  candidate  for  re-election  ;  and  desired  nothing  better 
than  such  a  junction  between  the  president  and  senate  as  would 
secure  a  re-election  during  life. 

Shennan  hated  aristocracy';  but  lie  was  specially  watchful 
of  the  equal  power  of  the  s,naller  states,  and  saw  that,  on  the 
first  ballot  of  the  election,  the  large  states,  having  many  votes 

strength  To  gam  a  chance  for  electing  a  president  from  the 
mall  states,  they  insisted  that,  in  case  there  should  be  no  elec! 
tion  by  the  colleges,  not  less  than  five  names  should  be  reported 
as  candidates  for  the  eventual  election,  and  among  five  irmes 
there  was  a  great  probability  that  there  would  be  one  from  t^^ 
smaller  states.  They  therefore  insisted  that  the  eventual  ele t 
tion  should  be  made  by  the  senate  ;  and  this  was  carried  by  a 

*  Gilpin,  1420;  Elliot,  m  f  Gilpin.  1421 ;  Elliot,  474. 

*  Gilpin,  1478;  Elliot,  503. 


iL 


B.  Ill, ;  CU.  IX. 


1787. 


THE  PRESJDENT. 


,.,.       ^  335 

The  term  of  the  presidon^v  ,  *  '""^^  "*  September.* 

election  vva.  eoniidd  to  1^  '""f '"fcatj^;  and  tl,e 
-  its  legislature  m  ght  d^t  a  J  1 1"'''"'""?  '"  ■=^'=''  «'""' 
number  of  it,  senators  and  ™;:en  J,  ''™' '"  *''"  "''°''' 

tl.e  eleeton.!  eollogea  oolIee«?e~  lortr'""/  "  """ 
part  of  tbe  joint  convention  of  fheTgis,at„re      """'  """'""" 

«tate?a;f~bi!;rtr'°'"^"^'-'* 

d.ould  not  be  n/iZ^t^  '™  l^'-ons,  of  whom  one,  a't  least, 

A  certified  list  of  tC vote,     Z  '"T  °*"''  ^'"'  "'omsclves 

college,  was  to  be  trr„™toa'to  tf ''      "T^  "'  ""  «'»''"'«'I 

"  The  president  ^f  Z   onate    '°  ff"'':'"  "^  «'«  »nate.  t 

tonal  office,  "shall  in  tl  nth!     '    '''"='""'e">S  "^  P-rcly  minis- 

t;-e  votes  shall  l^^lC:^  1^ cS'  '^Tir^^T'  ""'' 

the  greatest  m.mber  of  votes  shall  b„M  P""""  '■"'"g 

nmnber  be  a  majoritv  of  Z  of    I ,     ,    I"  '"''^'''""*'  '^  »<='' 

n.orc  than  one  who  Lsncb  I      ".'» .f""'""^  i  and  if  there  be 

of  votes-a  ease  tl  ttod^L  st  Zf'^  "f  "  ^1"=''  '»""'^- 
"-en  the  senate  shall «  ehoo  "  .vb^n^',''''''"']'  '"'^'''  °'=™'- 
d^t;  but  if  no  person  r,^  °"°  °^  *''™  ^<"  l"^i- 

'"•gbost  on  the  list'  ",„  ^n.to  "if: /'•'  ^T'/"""  *'''''™ 
state  had  an  eonal  ^tcwiftl  ',ar  es 7  "l  Irf^  "'°,T"^^' 
the  president."     "After  tl,„  „l    •       1'   ,''''""  choose  by  ballot 

-Wing  the  g  JelrUlf  r.^^^^^^^  ^^  P- 

of  them  or  not,  '^ shall  be  vice-president''  ^'  '  "''''     '^ 

tlie  first  time  introduced-  'Znfll  r  ?  ^^^^^  now  for 
"^ore  who  have  equal  votes  ^n  V  '°  '"^^  '""^^^^  *^«  «^ 
tliem  the  vice-prcsidenl'T'  ''"'*'       "  '^''^°  ^^^°^ 

the.r  votes  on  one  man,  spoke  earnestly: 

Gilpin,  1485-1488;  Elliot,  506  601  i  r-^  • 

t  Ibid.  '    '''''  ^"'-  f  G'lpm,  I486 ;  Elliot,  507. 

*  "  Immediately,"  not  in  original  report      U  ^oo  • 
P'-,  1509;  Elliot,  518,  and  i.,  283  289  ,  T'   '^"'"''^  '  September.     Gil- 

'-H289.  Sf'"P>n,  1480,1487;  Elliot,  607. 


6^ 


i;.,;  ' 


'iM 


'  H:|i' 


^s 


330 


THE  FEDERAL  CONVENTION. 


B.  III. ;  on.  IX. 


1 

i 

11 

^^^^^^  <  i* 

ilu  1  ^ 

^^^^^m  > 

^ffi  1  f 

!    -1  11  ^ 

^  liT 

1       i ; 

^^^^^^m  f 

'  T          .   ■ 

^^^^^^^^^^H 

,  J    I     ' 

HI 

i  ;i 

\  1 

■ 

^■l;i'i 

1  ( 

i": 

^ 

^^^^^^■f 

?'.; 

^^^n    '' 

i'       ' 

11 

l^^^^^tt" 

1  ■  ' 

^^^^^^B 

■  if 

il 

^B' '' 

1' 

^^^^^^K 
^^^^^^■v 

f 

^^^^^^n 

1     ' 

i 

^^^^B 

c          ,^  , 

,  1  * 

i  ,1  . 

I'  '*    ' 

i|i:i  ^ 

■  i 

iit. 

jf:i 

f 

1      -  f^   1                               ! 

j    f 

■1 

r^              : 

»;M|| 

il^  . 

■■>>''  ii 

Ki; 

i .. 

"  The  plan  is  liable  to  tins  strong  objection,  that  nineteen  times 
in  twenty  the  president  will  bo  chosen  by  the  senate,  an  im- 
proper body  for  the  purpose."     To  the  objection  of  Charles 
Pinckr..',,    !,..t;  tloctors  would  bo  strangers  to  the  several  can- 
didates, and   uuable  to  decide  on  their  comparative   merits, 
Baldwin  answered:  "The  increasing  intercourse  among  the 
people  of  the  states  will  render  important  characters  less  and 
less  unknown."  *     "  This  subject,"  said  Wilson,  "  has  greatly 
divided  the  house,  and  vrlil  divide  the  people.     It  is,  in  truth, 
the  most  ditHcult  of  all  on  which  we  have  had  to  decide.     1 
have  never  made  up  an  opinion  on  it  entirely  to  my  own  satis- 
faction."    The  choice  by  electors  "  is,  on  the  whole,  a  valuable 
improvement  on  the  former  plan.     It  gets  rid  of  cabal  and 
corruption ;   and   continental  characters  will  multiply  as  we 
more  and  more  coalesce,  so  as  to  enable  the  electors  in  every 
part  of  the  union  to  know  and  judge  of  them.     It  clears  the 
way  for  a  discussion  of  the  question  of  the  re-eligibility  of  the 
president  on  its  own  merits,  which  the  former  mode  of  elec- 
tion seemed  to  forbid.     It  may,  however,  be  better  to  refer 
the  eventual  appointment  to  the  legislature  than  to  the  senate, 
and  te  confine  it  to  a  smaller  number  than  five  of  the  candi- 
dates." f 

"  I  wish  to  know,"  asked  Eandolph,  chiming  in  with  Wil- 
son, "  why  the  eventual  election  is  referred  to  the  senate,  and 
not  to  the  legislature  ?  I  see  no  necessity  for  this,  and  many 
objections  to  it."  :J: 

On  the  fifth.  Mason,  supported  by  GeiTy,  attempted  to 
reduce  the  number  of  candidates  to  be  voted  for  from  five  to 
three  ;  ^  but  the  small  states,  who  saw  their  best  chance  of  fur- 
nishing a  president  in  the  larger  number,  were  humored  by  the 
convention,  and  to  the  last  the  number  of  five  was  not  changed. 

One  great  objection  of  Mason  would  be  removed  by  depriv- 
ing the  senate  of  the  eventual  election.  ||  Wilson  proposed 
the  capital  amendment,  to  transfer  the  eventual  election  from 
the  senate  to  the  "  legislature."  ^  This  change  Dickinson  ap- 
proved.    I3ut  the  convention  Avas  not  yet  ripe  for  the  motion. 


*  Gilpin,  1491 ;  Elliot,  5C9. 

+  Gilpin,  1491,  1402  ;  Elliot,  509. 

X  Gilpin,  1492  ;  Elliot,  510. 


«  Gilpin,  1502;  Elliot,  514. 

II  Gilpin,  1498,  1499;  Elliot,  513. 

''^Gilpin,  1500;  Elliot,  513. 


1787. 


THE  PRESIDENT. 


337 


all  the  smaller  states  voting  against  it,  except  Now  nampsLire. 
which  was  divided.  .  i     ""» 

"  '-^'^^^  "loae  of  appointment  as  now  regulated,"  said  Mason 
at  the  close  of  the  day,  « is  utterly  inadmissible.  I  should  pre- 
fer tlio  government  of  Prussia  to  one  which  will  put  all  power 
into  tlie  hands  of  seven  or  eight  men  "-a  majority  of  a  quorum 
of  the  senate-"  and  fix  an  aristocracy  worse  than  absolute 
monarchy,"  * 

On  the  sixth  Gerry,  supported  by  King  and  Williamson, 
proposed  that  the  eventual  election  should  be  made  by  thd 
egislature.  Sherman,  sedulously  supporting  the  chances  of 
the  sma  I  states,  remarked,  that  if  the  legislature,  instead  of 
.he  senate,  were  to  have  the  eventual  appointment  of  the  presi- 
dent. It  ought  to  vote  by  states.f 

Wilson  himself,  on  the  same  morning,  spoke  with  singular 
energy,  disapproving  alike  the  eventual  choice  of  the  presi- 
dent  by  tue  equal  vote  of  the  states  and  the  tendency  to  clothe 
the  senate  witli  special  powers :  "  I  have  weighed  carefully  the 
report  of  the  committee  for  remodelling  the  constitution  of 
the  executive;  and,  on  combining  it  with  other  parts  of  the 
plan,  I  am  obliged  to  consider  the  whole  as  having  a  ten- 
dency to  aristocracy,  as  throwing  a  dangerous  power  into  the 
hands  of  the  senate.     They  will  have,  in  fact,  the  appoint- 
ment of  the  president,  and,  through  his  dependence  on  them 
the  virtual  appointment  to  offices-among  others,  the  officers 
of  the  judiciary  department;  they  are  to  make  treaties;  and 
they  are  to  try  all  impeachments.     The  legislative,  executive 
and  judiciary  powers  are  all  blended  in  one  branch  of  the 
government.     The  power  of  making  treaties  involves  the  case 
of  subsidies ;  and  here,  as  an  additional  evil,  foreign  influence 
13  to  be  dreaded.     According  to  the  plan  as  it  now  stands, 
the  president  will  not  be  the  man  of  the  people,  as  he  ought 
to  be,  bi>t  the  minion  of  the  senate.    He  cannot  even  appoint 
a  tide-waiter  without  it.     I  have  always  thought  the  senate 
too  numerous  a  body  for  making  appointments  to  office.  With 
ail  their  powers,  and  the  president  in  their  interest,  they  will 
depress  the  other  branch  of  the  legislature,  and  aggrandize 
themselves  m  proportion.     The  new  mode  of  appointing  the 

*  Gilpin,  1503  ;  Elliot,  515.  f  Gilpin,  1504  ;  Elliot,  516. 


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n.  III. ;  on.  IX, 

president  by  clectorg  is  a  valuable  iuiprovemcnt ;  but  I  can 
never  agree  to  purchase  it  at  the  price  of  the  eiisuiuff  parts  of 
the  report."  *  °  ^ 

"The  mutual  connection  of  the  president  and  senate,"  said 
Hamilton,  "will  perpetuate  the  one  and  a-grandizo  both  I 
see  no  bette.-  remedy  than  to  let  the  highest  number  of  ballots 
whether  a  majority  or  not,  appohit  the  president."  f  The 
same  motion  had  the  day  before  been  ollered  by  Mason,  f  but 
the  convention,  especially  the  smaller  states,  inflexibly  required 
a  majority.  ''      ^ 

-VVilliamson  to  avoid  favoring  aristocracy  in  the  senate,  and 
yet  to  secure  the  assent  of  the  small  states,  wished  to  transfer 
the  eventual  choice  to  the  legislature,  voting  by  states.  To 
the  legislature  Sherman  preferred  the  house  of  representatives, 
the  members  from  each  state  having  one  vote;^  and  the  con! 
veution  so  decided  by  ten  states  out  of  eleven. 

Nor  would   the  convention  intrust  the  counting  of  *he 
votes  to  the  senate  alone.    By  amendments  adopted  on  the 
sixth,!  It  was  thus  finally  established  :  "The  president  of  the 
senate  shall,  in  the  presence  of  the  senate  and  house  of  rcpre- 
sentativcs,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted.       In  every  stage  of  the  proceeding  the  convention 
suffered  no  chance  for  the  failure  of  an  election,  and  had  spe- 
cially guarded  against  the  failure  of  an  election  by  the  nega- 
tive of  one  house  upon  the  other,  leaving  the  rules  for  the 
conduct  of  the  electoral  colleges,  or  of  the  two  houses  when  in 
presence  of  each  other,  to  be  supplied  by  the  familiar  e:q)e- 
nence  of  the  states.     On  one  point,  and  on  one  point  only, 
the  several  states  of  that  day  differed  in  their  manner  of  count- 
ing votc^.     In  Virginia  the  ballot  of  the  two  houses  was  taken 
m  each  house  respectively,  and  the  boxes  examined  jointly  by 
a  commit  ee  of  each  house.    In  Massachusetts  the  wiiole  work 
was  done  by  the  senators  and  representatives  assembled  in  one 
room.     On  this  point,  therefore,  and  on  this  point  only,  there 
was  need  of  a  special  regulation ;  and,  accordingly,  the  consti- 
tution enjoined  the  counting  of  the  votes  in  the^ence  of 


Gilpin,  1501,  1505;  Elliot,  516. 
f  Gilpin,  1507;  Elliot,  517. 
t  Gilpin,  1498,  1499 ;  Elliot,  5l3. 


«  Gilpin,  1510;  Elliot,  5 19. 

i  Gilpin,  1509,1513;  Elliot,  5 1 8,  520. 


1787. 


THE  PRESIDENT. 


839 


tr::,X"™"  "'  -r--'»«-  „ftcr  ti,o  ,n„„„er  of 

cIoJ '"  ■ '"'"'"^°  "*  ""'  '='™'="  of  "«>  constitution  fa  a  coneiso 
n  uu.    ,  „erat.vo  co,„ma„d=  "The  v„,c»  «l.all  then  bo 

torpor  u  c-  '  """r""""  f  '«f'  -i"'  "o  ono  but  itself  to  in! 

s:;^v:ri~'';™rir^LJ;r^^^ 
=^t':^cro:r:/xr^^ 

tion  o'f  tlirr  " '°,  "'r'°  "'"^  "'  ""'■*"'» '"«  ""d"  of  tho  olec 

T..  «.  c  '       ^"'^  legislature  voting  in  loint  ballnf 

*  Constitution  of  VinaiNiA,  of  1^70      1?  P  Pn„.„»„    a:-       , 
gOTCrnor,  or  chief  ma-ist.atc  shall  ho    ,  ''''*'°"'  ^"^"'  l''^'-     A 

Louses  (to  bo  taken  i^each  1   1  ?"!  """"""^  ^^  J"'"*  »'""°'  of  both 

the  boxes  e.xan.inea     i    ly  bv  a""':^.      t^'r"''^'  '"  *'"=  '='^"^~  '->«>  5 
ally  reported  tot^T^   t^^  '"  "^'"'^  ''°"-^*''  "^"^  the  numbers  eever 

e.o^^;;So::fZr;;o::e::;r^^^^  °^'^'^"^ — -•  - 
a.Jo:::;;ra:cf;;;:i;^::;;::^         ^"""  ^^  ^'~ 

The  two  houses  of  a  s^:^/      l,'^^^;'!  ^^•^,  "f  f  »^°^"  •'--■^  of  assembly, 
prcmc  court  of  appeals  and  Zer  V     ,  '  "^^°'"*  J'"'"*^^  "^  *'>«««- 

ty.  Boerctarv,  and    1     at  ol'r'n  Jt  V'"  "'       ''"""''  '"'"'  °'  """''"'' 
continue  inoOice  durinr^oTblhavio;'        °  """""""^'  '^  ""^  "«-™-.  -^^ 

Constitution  of  MAssAonnsKTrs,  of  1780.    B.  P.  Poore's  edition  907  909     Ch 
"turned  t  etliiZSr  t  •  ''  '^7  ''"-  '"^  ^^'^Zr^^ 

^ary-g^no.;,  notari  Ilbr'^^T  *''°"r"''' ""'  ^-^"'--neneral,  and  tl,e  commis- 

-L^of.;jr;:r^:^i--^^^ 
^^-^^,^fs:T!::!:^Tr'''' '-'''  -«— fthe  umted 

ballot  of  the  scnat     and  housTo  '  """"""^'  '^^  ^'^^^^'^  ^^^  ^'^^  J^-' 

'^  ^°"''  °^   representatives  assembled  together  in  one 


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THE  FEDERAL  CONVENTIO:^-. 


B.  III. :  on.  IX. 


that  should  be  tlie  exact  counterpart  of  the  joint  convention  of 
the  two  houses  in  the  representation  of  the  states  as  units  as 
weU  as  the  population  of  the  states,  and  should  meet  at  the  seat 
of  government.     Then,  fearing  that  so  large  a  number  of  men 
would  not  travel  to  the  seat  of  government  for  that  sino-le  pur- 
pose, or  might  be  hindered  on  the  way,  thej  most  reluctantly 
went  back  to  the  choice  of  the  president  by  the  two  houses  in 
jomt  convention.     At  this  moment  tlie  thought  arose  that  the 
electors  might  cast  their  votes  in  their  own  several  states,  and 
transmit  the  certificates  of  their  ballots  to  the  seat  of  govern- 
ment.    Accordingly,  the  work  of  electing  a  president  was  di- 
vided; the  convention  removed  the  act  of  voting  from  the 
joint  session  of  the  two  houses  to  electoral  colleges  in  the  sev- 
eral  states,  the  act  of  voting  to  be  followed  by  the  transmission 
of  authenticated  certificates  of  the  votes  to  a  branch  of  the  gen- 
eral legislature  at  the  seat  of  government ;  and  then  it  restored 
to  the  two  houses  in  presence  of  each  other  the  same  ofiice  of 
counting  the  collected  certificates  which  they  would  have  per- 
formed  had  the  choice  remained  with  the  two  houses  of  the 
legislature.     Should  no  one  have  a  majority,  the  eventual  elec 
tion  of  the  president,  to  satisfy  the  rising  jealousy  of  the  pre- 
rogatives  of  the  senate,  was  assigned  to  the  house  of  repi-esen- 
tatives,  and,  to  please  the  small  states,  to  the  reiDresentatives 
voting  by  states.     And  the  house  of  representatives  was  in  the 
clearest  language  ordered  "  immediately  "  to  choose  by  ballot 
one  of  two,  when  their  vote  was  equal,  one  of  five  where  no/ 
person  had  a  majority.     In  this  way  a  collision  between  the| 
two  houses,  by  a  negative  vote  of  one  on  the  other,  was  coin? 
pletely  guarded  against  in  every  stage  of  the  procedure.* 

*  When,  thirteen  years  later,  this  clause  came  up  for  consideration,  Madison 
and  Laldwm,  two  surviving  members  of  the  grand  committee  to  whom  the  federal 
convention  had  referred  everything  relating  to  the  choice  of  the  president,  I  Jt  on 
record  their  interpretation  of  the  clause.  For  the  opinion  of  Madison,  sec  Madison, 
to  Jefferson,  4  April  1800,  in  writings  of  Madison,  ii.,  158,  where  the  name  "Ni/ 
cholsons  is  erroneously  printed  for  "Nieholas-s,"  as  appears  from  a  comparison 
which  has  been  made  of  the  printed  letter  with  the  original.  Ti,e  opinion  ot  Bald- 
win is  found  in  "Counting  Electoral  Votes,"  page  19.  Baldwin  gives  his  vote 
with  Langdon  and  Pinckney,  both  of  whom  had  been  members  of  the  federal  con- 
vcnt.on,  for  the  right  of  the  joint  convention  to  count  the  votes.  By  the  kindness 
of  Miss  barali  Nicholas  Randolph,  granddaughter  of  Governor  Wilson  Cary  Nicho- 
las  of  Virginia,  and  great-granddaughter  of  Thomas  Jefferson,  I  have  been  al- 


'  r  ! 


irsv. 


THE  PRESIDENT. 


341 

.event"  ^^ZZI^'^""/'  "'"  ^^''"''--  ™  ^^<> 

to  the  chai,.  of  the  sej^t  ^  ^  St;^^'^?'  \"T 
est  oiBcers  in  the  land  chosen  b/thfw  o k  eot  :  .^d  t 
that  he  can  have  no  real  iniiuonee  in  a  body  uln  ;^^hie\  J '' 
imposed  by  an  extraneous  vote.  ' 

That  the  vice-president  sliould,  in  the  event  of  a  vacancv 
act  ^president  prevents  the  need  of  a  now  election  beirthe 
end  of    he  regvdar  term ;  bnt  an  immediate  appeal  to  tWo 

While  the  method  to  be  adopted  for  the  election  of  tl,„ 

^^T^''f-  ™*"'™^  ^«-*^  of  thot^vTnul  * 
proceeded  in  the  aseertamment  of  his  powers.    His  style  was 

gress  in  1800.  ^'''"''^'  ^'^°°  ^"'-^'"r  f™m  Virginia  in  con- 

The  question  as  voted  upon  in  ccnfross  inisoft  w„    i    • ,   , 
ing  on  tl.c  ficicction  of  Jefferson  or  TirfrT  1  ^'"'^''^  "°*  ''^  ^^^  ^<^«^- 

to  Jefferson  had  a        iorUv  n       ,  ^         ?'  *^'  Presidency,  for  the  party  opposed 
ate  to  give  to   ll  hou^        'rep^  S,.;.  "''  '"'.°"  *^°  unwiilingneL  of'thTsen 
tions.     Jefferson,  iv    3-    ^;P7°"*^'-<^^«7crior  weight  in  the  dceision  of  elec- 

toeount  .he  vote  .    The'Irson  who  0^'?  w/  T  "'""'  '^"''^'''  "'''''  ">«  P°-- 

the  historian  to  study  the  wo  ds  of  the  1      ^'^\^^   -^^orlcal  eritieism  require 
in  the  United  States  eonstitut  on  • ,/  .  7^*'t"t5ons  from  which  the  article 

of  that  day  under  the  orH    Hr  c  es^'n      '''''""''"''  "'  ''''  ^'^^°  '^S'^'"^'-- 
decide  on  the  ri^ht  inte.^  ion  o     ,"',  "''  ^°"^^5'"»-»«  =  «nd  these  must 

the  United  Stat^.    '''*"P'^*'^*'°"  °^  '^''^  >""ir"ago  employed  in  the  constitution  of 

*uilpin,  1517;  Elliot,  622. 


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342 


THE  FEDERAL  CONVENTION. 


n.  ni. ;  cii.  ix. 

declared  to  be  « the  President  of  the  United  States  of  America  • " 

.     the  clause  that  his  title  should  be  "His  Excellency"  was  still 

suffered  to  linger  in  the  draft.     He  was  to  be  the  minister  to 

carry  out  the  will  of  the  legislature,  and  see  that  the  laws  are 

executed.     It  was  made  his  duty  to  give  information  of  the 

state  of  the  union  ;  and  to  recommend  necessary  and  ex]3edient 

meafiures.     He  could  not  prorogue  the  two  branches  of  the 

legis  atnre  nor  cither  of  them  ;  nor  appeal  to  the  people  by 

dissolving  them.     They  alone  had  the  power  to  adjourn;  but 

on  extraordinary  occasions  to  him  belonged  the  prerogative  to 

convene  tliem,  or  to  convene  the  senate  alone. 

Wilson  was  most  apprehensive  that  the  legislature,  by  swal- 
Imnng  up  all  the  other  poweiu  would  lead  to  a  dissolution  of 
the  government,  no  adequate  self-defensive  power  havin-  been 
granted  either  to  the  executive  or  judicial  department  *  To 
strengthen  the  president  and  raise  a  strong  bamer  against  rash 
legislation,  Gouvemeur  Morris  would  have  granted  the  pre<^i- 
dcnt  a  qualified  veto  on  the  repeal  of  a  law,  an  absolute  veto  on 
every  act  of  legislatiomf 

In  June  the  convention  had  agreed  that  the  veto  of  the 
president  on  an  act  of  congress  could  be  overruled  by  two  thirds 
of  each  house ;  on  the  fifteenth  of  August,  at  the  instance  of 
Williamson,  it  was  agreed  that  the  veto  of  the  president  could 
be  overnilcd  only  by  three  fourths  of  each  branch  of  congress 
and  on  the  next  day  the  same  nile  was  applied  to  every  order' 
resolution,  or  vote  to  which  the  concurrence  of  the  two  houses 
might  be  necessary,  except  it  were  a  question  of  adjournment  ± 
Sherman,  on  the  twenty-fifth  of  August,  had  proposed  that 
pardons  should  require  the  consent  of  the  senate ;  but  no  state 
except  lus  own  Avas  willing  thus  to  restrict  the  clemency  of  the 
president.*  "^ 

All  ngrccd  that  he  should  be  commander-in-chief  of  the 
army  and  the  navy ;  bit,  on  the  twenty-seventh  of  August,  at 
blierman  s  instance,  he  was  to  command  the  militia  only  when 
It  slioukl  be  called  into  the  actual  service  of  the  United  States  || 

The  men  who  made  the  constitution  had  takc^n  to  heart  the 


*  Gilpin,  1336,  1337;  Elliot,  430. 

t  Gilpin,  1334;  Elliot,  429. 

t  Gilpin,  1337,  1338;  Elliot,  431. 


*  Gilpin,  1433;  Elliot,  480. 
i  Gilpin,  1434 ;  Elliot,  480. 


M 


1787. 


THE  PRESIDENT. 


looson  that  the  three  great 


848 


the  laws  a,,d  appoinSi  ?"'  '"""''•    "I^»o»ting 

pointed  by  thoSl '^WM  "°    Wertming  to  and  ajf 

needful  to  4erwa,eh  n^  .r'™  ^T'''"  *  ^'^' " '"""od 
Sher^onhad  WetllnnW  '"'ft"*'  ""^  ^'^'''^t  and 
Charles  Pinck™nv:  ledT^     '^  "^   '  '"'•"'''''  «»™"4 

of  theprineipali;!!'  I-yf^t"  '7°""""  ""  '"^"-^ 
said  Hamilton,  "for  theTrcsid..;^  ™p.  Muons  proposition," 

right."  Mercer,  on  tS  f Sonth  of  /  " V"''  '"^  ""' 
conneil  composed  of  membcToAll  .  "^l'  ^SSo^d  "a 
to  stand  betvvecn  the  ^^^.T         ?  ,        '"'  °*  *•=  kgi^'atnre 

thought  did rta,:: z  "' ""'  ''^ *  ■^^™«™" •  ^»' «"« 
fuin^^re^r  tc™=r  -t'"'?  ^  ^=^-»'  ™'»''- 

secretaries  as  Gouvernenr  Mn  v  "^  .'  ?       '^  "Ministers,  or 

nation  of  tl.n  .1  •  i  .    l"^^^*         ^^''^>  pronounced  the  nomi- 
nation ot  the  chief  justice  particularly  exceutionnhln  a     tv 

might  ])roporlj  be  consulted  by  the  executive     TiTp  T^      7 

exclusion  of  the  president  of  the  senate.  ^ 

det,n  Ii'm"'™!,'""'™''"™  ""•^'  <=™™'te<'  ita  committee  of 
eo™  il  o  tr  '"VTYr""^  "'^''■^■-  tl'at-theiX 
tTep^^sid,n   of'r        ;'!'°^"'''"'  ^""'^  *»"  '^-'"-^'■^ 


*  Gilpin, -703 ;  Elliot,  141 
t  Ibid. 

t  Gilpin,  782;  Elliot,  100. 

*  Gilpin,  811 ;  Elliot.  165. 


I  Gilpin,  1318;  Elliot,  421. 
^Gilpin,  1368,  1359;  Elliot,  442. 
0  Gilpin,  1359;  Elliot,  442. 


u 


i  ii 


'  i 


•  i' 


344 


THE  FEDERAL  00NVENTIO.N-. 


«.  HI. ;  en.  IX. 


matters  whicli  lie  shall  lay  before  them  ;  but  their  advice  shall 
not  conclude  him,  nor  affect  his  responsibility."  *  The  report 
did  not  satisfy  the  convention,  which,  still  hopeful  and  perse- 
vering, referred  the  subject  to  the  grand  committee  of  tho 
eleven  states. 

Tlio  report  of  the  committee,  made  on  the  fourth  of  Sep- 
tember, did  no  more  than  permit  the  executive  to  "require 
the  opinion  in  writing  of  the  principal  officer  in  each  of  the 
executive  departments,  npon  any  subject  relating  to  tho  duties 
of  his  office."  t     "  In  rejecting  a  council  to  the  president » 
such  were  the  final  words  of  Mason,  "we  are  about  to  tiy  an 
experiment  on  which  the  most  despotic  government  has  never 
ventured;  the  Grand  Seignior  himself  has  his  Divan;"  and 
he  proposed  an  executive  council  to  be  appointed  by  the  leo-is- 
iature  or  by  the  senate,  and  to  consist  of  two  members  from 
the  eastern,  two  from  the  middle,  and  two  from  the  southern 
states  ;  with  a  rotation  and  duration  of  office  similar  to  those 
of  the  senate.  ^     He  was  seconded  by  Franklin,  who  "  thouo-ht 
a  council  would  be  a  check  on  a  bad  president,  a  relief  t'i  a 
good  one."  ^     Wilson  "  approved  of  a  council,  in  preference 
to  making  the  senate  a  party  to  ai)pointments.»     So  did  Dick- 
inson  and  Madison  ;  but  the  motion  gained  onlv  three  states ;  i 
and  then  by  a  unanimous  vote  the  president  was  authorized  to 
take  written  opinions  of  the  heads  of  departments/  who  thus 
became  his  constitutional  advisers. 

_  The  failure  to  establish  an  efficient  council  led  tlie  ccnven- 
tion  most  reluctantly  to  vest  the  senate  with  some  control  over 
acts  of  the  executive.  On  the  seventh  it  was  agreed  "  that 
,the  president  shall  have  the  power  to  make  treaties  by  and  with 
the  advice  and  consent  of  the  senate."  ()  "  And  of  the  house 
of  representatives,"  Wilson  would  have  added;  sayin--  "As 
treaties  are  to  have  the  operation  of  laws,  they  ought  to  have 
the  sanction  of  laws."  But  Sherman  represented  that  the  ne- 
cessity  of  secrecy  forbade  a  reference  to  both  houses,  and  every 
state  assented  except  Pennsylvania.  | 


*  Gilpin,  1398,  1399;  Elliot,  402. 
f  Gilpin,  14S8  ;  Elliot,  007. 
t  Gilpin,  1523;  Elliot,  525. 
»  Ibid. 


S  Gilpin,  1524;  Elliot,  626. 
^  IbiJ. 

0  ''^"'ilpin,  1319,  Elliot,  6^3. 
t  Gilpin,  1519;  Elliot,  623. 


: '  ■■  U 


u.  III.;  cii. IX. 


irsr. 


THE  PRESIDENT. 


845 

It  has  already  been  rclatod  that  to  diminish  tlie  temptition 
to  war,  the  power  to  declare  it  w^is  confided  to  the  111  f 

peace,    insisted  Gouverneur  Morris  "oiio-l.f  T^  i  i       ., 

dian  of  tI,o  nation."    A  J  MaTvtn     V    K  T' "r' ^''''" 
Gco-gia  alone  voted  for  tC  amtdCt /""*  '^™''""'  """ 

sadors,  ot„or  pnbiie"„;sr:  oL  H  aTj^rroftr'"- 

A  I  agreed  in  giving  tlie  president  power  to  fill  nr.  f 
«,  vaoaneio.  that  n.i,/,a,pen  Z^^^  f^ZtZ 

Had  the  consent  of  the  senate  been  made  noccssirv  to  M. 
lA.ee  a,  well  aa  to  appoint,  the  e.eeutive  would  have^nffe^d 
degrnda  ,on ;  and  the  relative  importanee  of  the  house  ofr^^ 
resentafves  a  gn.ve  diminution.'   To  ehange  t leTnu  e IJ 

1  oje.  and  needs  effieient  ...genta  in  exeenting  the  laws  to  the 
favor  of  the  senate,  whieh  has  no  exeentiv^  pow^^  would 

tive'""^W  Fn™ 'tr'''''"'™'  ''■S'*"™'  judicial,  and  exeou- 
»r,'t.-        ,    ,    ,    ^'"  «™'^t<"-.™  1780,  e.xplai„i  ,g  the  eon 
6t.tat ,.,,  wh.eh  he  had  done  so  „„,eh  to  f4me  "  shol T. 

be  a'^nt  ve  MM    '''  "'■^^^^P-g  ---J-    The  ofRee,.  should 
attcnt.ve  to  the  president,  to  whom  the  senate  is  not  a  coun- 


•n.lpm,  1821,1822,  Elliot,  024  J2S. 
tOllpin,  1520;  Elirot,  523,  52.1 
}  Gilpin,  16201  aiiot.  524. 


""ilpin,  I,™,  15,<i!l;  Elliot,  560. 
IGilfin,  1620;  Elliot,  624. 


I'J.  ' 


.If  1::. 


lUV 


^mufi'i. 


34G 


!    t 


I    '  f 


H' 


i    i:-     I 


THE  FEDERAL  CONVENTION. 


B.  Ill, ;  cil,  IX 

cil.^  To  turn  a  man  out  of  office  is  an  exercise  neither  of 
legislative  nor  of  judicial  power.  The  advice  of  tlio  senate 
does  not  make  tlie  appointment ;  the  president  appoints :  tlicre 
are  certain  restrictions  in  certain  cas-s,  but  the  restriction  is 
as  to  the  appointment  and  not  as  to  the  removal."  ^ 

One  question  on  the  qualifications  of  the  president  was 
among  the  last  to  l)e  decided.    On  the  twenty-second  of  August 
the  committee  of  detail,  fixing  the  requisite  age  of  the  presi- 
dent at  thirty-five,  on  their  own  motion  and  for  the  first  time 
required  that  the  president  should  be  a  citizen  of  the  United 
States,  and  should  have  been  an  inhabitant  of  them  for  twenty- 
one  years.f     The  idea  then  arose  that  no  number  of  yeai's 
could  properly  prepare   a  foreigner  for  the   office  of  i)rcsi- 
dent;  but  as  men  of  other  lands  had  spilled  their  blood  in  the 
cause  of  the  United  States,  and  had  assisted  at  every  stage  of 
the  formation  of  their  institutions,  the  committee  of  state?who 
were  charged  with  all  unfinished  business  proposed,  on  the 
fourth  of  September,  that  « no  person  except  a  natural-born 
citizen,  or  a  citizen  of  the  United  States  at  the  time  of  the 
adoption  of  this  constitution,  should  be  eligible  to  the  office  of 
president,"  and  for  the  foreign-bom  proposed  a  reduction  of 
the  requisite  years  of  residence  to  fourteen.     On  the  seventh 
of  September  the  modification,  with  the  restriction  as  to  the 
age  of  the  president,  was  unanimously  adopted. 

Ko  majorities  of  the  legislature  could  force  a  president  to 
retire  before  the  end  of  his  term;  but  he  might  be  impeached 
by  the  house  of  representatives  for  treason,  bribery,  or  other 
high  crimes  and  misdemeanors.     The  tribunal  for  his  arraign- 
ment was  at  first  the  supreme  court  of  the  United  States ;  but 
they  would  be  few  in  number;  the  president,  after  condemna- 
tion, might  bo  further  amenable  to  them ;  and  besides,  they 
would  bo  of  his   appointment.     Hamilton   had  suggested  a 
forum  composed  of  the  chief  justice  of  each  state.  ^     Contrary 
to  the  opinion  of  Madison,  the  English  precedent  was  followed, 
and  the  senate  was  made  the  court  to  try  all  ofiiccrs  liable  to 
impeachment;  and,  on  conviction  by  a  two  thirds  vote,  to  re- 
move them.    As  the  vice-president,  on  the  president's  removal, 

*  MS.  report  of  Ellsworth's  speech  by  William  Piitcrson 

f  Gilpin,  1398  ;  Elliot,  462.  J  bilpin,  892,  1158;  Elliot,  205,  342. 


u.  III. ;  cii,  IX 

neither  of 

tlio  senate 

)iut8 :  there 

3striction  is 

sideiit  -was 
of  August 
f  the  i)rcsi- 
!  first  time 
the  United 
'or  twcnty- 
'  of  ycai'8 
!  of  ])rcsi- 
ood  in  the 
y  stage  of 
states  wlio 
Dd,  on  tlio 
tnral-born 
ue  of  the 
e  office  of 
hiction  of 
D  seventh 
as  to  the 

csidcnt  to 
mpeached 
,  or  other 
3  ari'aign- 
atcs;  but 
ondcmna- 
idcs,  they 
^gcsted  a 
Contrary 
followed, 
liable  to 
te,  to  re- 
removal, 

5,  342. 


1787. 


THE  PRESIDENT. 


847 


o47 

ponded  from  thoir  offices  ItUM  ^Tf  "»l«'«=l'-=d  l>o  eu^ 
Madison  defeated  the  ^  op„aUionL  ":"  ""'-'""«°<i;  but 
termediato  Bu.pe„sio„  loZTitiT^''^  "•"  "'*'  "''»  '»• 
only  to  vote  u  tempomry  Tmovd  of  th,     ^r"'  "^  ""^  '''"<'■' 

Judgment  in  Les'^f  ^itt^^'Tu^"''^^^''^''^-* 
removal  from  office  a„d  ,n?    yj^^    ™'''''  '""<"«1  «"ly  to 

mained  liable  tot  ietont?ri:  a^nd'™'  ',■"  "'"  ''"■^^  - 
to  law.  The  trial  of  all  cr  mo  „  ""''  P.'""^'""™'.  according 
ment,  could  be  only  by  jury!'    ™P'  '"  «^"^  «*  ^P'^h- 


VOL.  VI.— 24 


*  Gilpin,  1572;  Elliot,  5  i2. 


i 

( 

1  ' 

]     .■ 

ffOT| 

i       • 

1 

i  i)* 
1  .  ' 

t 

I, 

i  ■:  .' 

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1 

i 

0 

1 

m 

1 

1} 


i 

[i«Mafi" 


348 


TlIK  FKDKIIAL  CONVENTION. 


II.  III. ;  au.  X. 


I  Hi  :  1 


' :  f 


•  l' 


H,    I 


-i'*t!i1 


mi 


:H: 


(MIAI'TIOU  X. 

Tiir;  fi:i)i;kai.  jmuciAuv. 

AlJOnST    AND   t^KPTKMUKIi    1 7S7. 

Tmk  tvs,)Iuli,.n  ..I.  tlu'  (\.,l(M-iil  judiciary  wl.icli  wmt  from 
tho  couviMilion  to  Iho  rominitU-o  of  ,|,.(„il  pnrpoHoly  (lo.srrihod 
tho  cxhMit  of  its  juri,s(li,.|ion  in  vi.^nio  and  ^ro,u,,al  li-rniM.     T\m 
voryahlo  hnvjoivs  on  (hut  con.n;itt(>(>,  liutlod^n,,  Wilso„,  Ii,i„. 
dolpl,,  jMul  Klksworth,  pr.u-oodin^  with  o.iual  hohh.cMH  and  pre- 
cision, shrinking  from  afi:,i»ivH.sions  on  tho  ri^rhtH  of  tho  ntatoH 
and   yet    ontorlainin^r    ollicient   and   compivhoiiHivo   doHi-nis 
l>n>no;ht  in  a  r.»|„.rt,  which  ,,uisod  liltio  divornity  of  opiidon' 
und  was  hohl  lo  n(«od  no  oss.Mitial  amoiKhnont.      Hut  on  onu 
point  tlioy  k,>pt  silonco.     A  do,>plj-soatod  divad  of  (hm^n-r  from 
hasty  lopslation  porvad,<d  th(,  mind  of  Iho  convontion  ;  and 
Ma.son,  .Madison,  and  othoivs  juM-siKtiMitly  dosirod  to  vost  in  tho 
supromo  court  a  revi.sionary  power  over  tho  actn  of  eon^re.sH, 
with  an  independent  iiofrative,  or  a  ne-ative   in  conjmu.tion' 
with  the  executive,     l^hou^-h  the  measure  had  heen  rel.eatedly 
brouirht  forwanl  and  a.s  often  put  asi,K',  Madison,  on  tho  (if- 
teentli  of  Auij;ust,  proposed  once  more  that  "  Kvery  bill  which 
shall  Iiave  passed  the  two  houses  .shall,  before  it  becomes  a  law, 
be  severally  presented  to  tho  president  of  the  United  States,' 
and  to  the  judges  of  the  supreme  court,  for  tho  revision  of 
each;"  *  the  veto  of  the  judges  not  to  bo  overthrown  by  less 
than  two  thirds,  nor,  if  tho  president  joined  tluMii,  by  less  than 
three  fourths  of  each  house.     He  was  seconded  by  Wilson. 

Charles  T'inckney  oi)po.sed  the  interference  of  the  judges  In 
legislation,  because  it  would  involve  them  in  tho  conlirct  of 

•Gilpin,  13.12;  Elliot,  428. 


mr. 


TIIK  FKDKfJAL  JTIDro/AKY. 


ir^i* 


,     ,.  ,  849 

"rC;:^:;:^:.':ztr: '"''■'"'' ■'■■'■■■'■■ .rt 

''""Ki..^";j:,;„„:,.j::'';;,,,™'.7/' -fMa^^ct 

I"'"!'"™  of  |,|„,  .,,„«til„li,      "„  '    '"'«""  "''""M.m  ,„. 

«..  Ik.  ....cntmlll:,,,;. ..."•.:      '""'  '■'"""■""'■^  '"•■'■'".  '"..I  llK,„ 

"■""■'''"•••""■li'.fd,    ,  '  """T  ""■'"    »™  """that 

l>™"<3  i"ili,-i„l  ,.„„rt  ,„:„,,,'  '"  "l""""'«  "f  the  Bu- 

■'"'•"»«"T,  fmm  (in      ;,  '"'""■  '="'"■'»"«  "'".H,  wl.oa 

"'■  tiK,  v;,M  ,;;;:.'"„"":;•,,:;;  ;;;7'i'"'"'H.y  .i..  i.,.-;,,,,.™ 

«"'l"r  ll,„i„f,..i„r„„,rf„   „I.,     ■/    MH  '      "'"""I"-""'"  Cr.Urt, 

^••'■»v...  T,,,,„n,.„;:::::::,!;;;^ -:;^;«;.;.;;«  ^j 

-""" ".™in o(Ii„„ V    "i     ,',;';;, "■•"•"■»''"'J  "-•'•„«  thoir 

with  tho  8„,„o  .•,.*.,«.,  lo,  77      "f"''""-,""'"''"  wore  clothed 

"""'"'  "'■''  "'"  J"dg03  Bhould  bo  removable 

'nilli.n,  I3S3;  1511101,429 


f  <'ilpin,  13,'M;  KlIiot.'lL'S 


"^'ilpin,  H35;  Elliot,  481, 
II  Oilp;n,  1437;  Elliot,  48i 


(  » 


!  ( 


i,i#ir 


fimlfl 

lit 


I  jih 


,a 


j  ' 


( t 


I 
) 


}\  =; 


<   ,    .1 


II 


850 


THE  FKDKRAL  CONVKNTION. 


II.  III.;  on.  X. 

by  tho  oxocutlvr  „„  !,p,,||,.uiioM  „f  iJ.c  Honah,  u.wl  tl.o  hcnso  of 

roprosoMtativo..*    ''  If  tim  H.,,„v.no(...,irt,"Hai(l  Uutlcdms  -  mto 

juilgo  hotwcon  tho  \UuUh\  SlutoH  aiul  particular HtatcH,  thmaloiu, 

18  nn  Misupt.ral.lr  ,>I.j.cli„„  t.)  tho  nu.tion."     Tlu<  chmyo  irait.cd 

no  V(.(o  l.,.t  that,  of  (\„„u.di(.nt,  M,u.sa<.h„Hc.|,tH  hvlu}^  ah..ut. 
In  lM.^rl,„„|  |i,„  i,i^,i,^,,t  j„,,i^.i,,,   ,,„.^.^.j.  .^  ,.^^,^,^^  ^^^  ^  |_^^^        ^^.^^^ 

ovory  chan^ro  of  adnmuHtmti,,,,,  au.l  i-vny  ,)no  nuiy  ho  romovod 
on  tho  mpiost  of  a  iMajoritj  in  ,.a,-h  h..iis„  of  parliauu-nf 
evoiy  ju.lo^o  of  tho  llnitod  Stato.,  fro.n  tho  hioh.vsf,  to  the! 
owost,,  Ks  at.  ollicvr  for  lifo,  uhIohh  on  l...poach..K.nt  ho  nhould 
1)0  convictod  h,v  tho  voto  of  two  thirds  of  tho  KCM.ato. 

Tho  judicial  powor  was  hy  u  uu)tion  of  JohuKori  oxtondod 
to  cases  m  law  an.l  o<p>i(y.  llo  further  proposed  to  oxtond 
It  to  all  cases  arisin^r  „„,i,.,.  ,|„,  constitutioii ;"  and  tho  nu) 
tion  wius  a^jrived  to  without  dissent,  hecause  in  tho  opinion  of 
tlio  convention  th,.jnrisdi,.tion  given  was  constructiv(.|y  limited 
to  casoa  of  a  judii-iary  naturo.f 

In  this  way   Madison's  sehen..,  of  restraining  nnconstitu- 
t.onal  legislation  of  I  ho  states  hy  reserving  to  tho  legislaturo  of 
tho  n.nonaveto  on  every  act  of  stato  h.gislation  was  iinally 
ahandoned;  and  the  power  of  revising  an,l  reversing  a  clauso 
of  a  state  law  that  contlicted  with  tho  federal  constitution  w.ts 
contided  e.xc  nsively  to  tho  fcnleral  judiciary,  l.ut  <.nly  when  a 
case  should  bo  pn.perly  brought  before  tlio  court.     Tho  d,>ci- 
B.on  of  tho  court  in  all  cases  within  its  jurisdiction  is  final  ho- 
twcen  tho  pa^-ties  to  a  suit,  and  nu.st  bo  carried  into  oilect  hy 
tho  i>.-oporofl.ce,>.;  but,  as  an  interpretation  of  tho  constitu- 
tion  .    does  not  bind  tho  president  or  the  legislaturo  of  the 
United  Mates.     Under  the  same  qualification  the  constitution 
gives   o  tlio  judges  the  ,)ower  to  compare  any  act  of  congress 
with  the  constitution.     Hut  the  supreme  boncli  can  set  aside  in 
an  ac   of  congress  or  of  a  state  only  that  wlu'cli  is  at  variance 
with  the  constitution  ;  if  it  be  merely  one  clause,  or  oven  biit 
one  woi-d  they  can  overrule  that  word  or  that  clause,  and  no 
more.     Ihe  whole  law  can  never  be  set  aside  unless  every  pait 
ot  It  18  tainted  with  unconstitutionality.  ^ 

Rutlcdge  next  observed  that  tho  jiirisdiction  of  the  court 

•  GUpin,  1430 ;  Elliot  481.  +  c.ll.ln,  1438.  M39  ;  Elliot,  483. 

;  Curtis  in  Iloward,  xix.,  628. 


'    t 


II.  III.;  on.  X. 


1787. 


Tllli   FEDKRAL  JUDFOIARy. 


hIioiiI.I  oxtond  to  tmiti 


881 


!('H   iimdo,  or   to  h 


^^^^^^^^^^^^^.y  nn.fod  btatcs;  and  tluH  propomd  wan  rmdiiy 

Tl,o  im,,,oHif,lo„  M,,t  1,1,0  «o.,rf,H  hLomM  condm-t  fh.  irn  I    p 

i.'t  of  ,iow  wi  ■  „f ..!': ''"""™ '" "'"  "•''-'  "f  ""•  <-"".it- 
""^  r-' .V,.,. :.  :;::L;!::i'::;;:r' "™"""'  '*■"■" 

iiKiiivt'P'ildi       'IM  •     •    i       .  *niJiiii   a  n(M)arat(!  (!oiri. 

of  Uk,  indivMii,,!  ptatcM.  '  "'"  '"^'""' 

'J'lio  original  j„ri„,ii,.(,i„„  „r  t|,„  g„,,,.„,„„  ,.„„  .       , 

f..:  Ti!  •  si  r  ::,,;'  :;;t  "'""""  '-^ "  "-'^  -™  ""•"^'^ 

and  citizens  of  another  «t.f.     iT  •'    ^''''''"  ^  "^'^^ 

states;  h^^.o.n^^^T'    ''''^''"  ''''^^''«  ^^   ^'^^^^nt 
iirmdJ  A'i    "-'r^"'^^  <^''"  «a'"e  state  claiming  lands  under 

lu  iorcign  states,  citizens  or  eu hiccfs  "  ♦!.»  ;m,i-  •  i 
power  H  Jimi'fn/i      Ti  ..       .  «"'|jtcis,     tno  judicial 

*Gilijin,  1439;  K!!iot,  483. 


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352 


THE  FEDERAL  CONVENTION. 


B.  III. ;  OH.  X. 


ffli! 


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the  federal  legislature  to  make  the  discrimination  M'hich  in  its 
judgment  public  policy  might  dictate.*  Here  congress,  and 
congress  alone,  selects  the  controversies  to  which  the  appellate 
judicial  power  may  extend,  and  at  its  own  judgment  limits  the 
right  of  appeal.  The  convention  purposely  made  it  the  duty 
of  congress  to  watch  over  the  development  of  the  system,  and 
restrict  accordingly  the  appellate  jurisdiction.  By  reserving 
to  the  tribunals  of  the  states  jurisdiction  over  cases  that  may 
properiy  belong  to  them,  it  may  rescue  the  federal  court  from 
the^  danger  of  losing  its  efficiency  beneath  larger  masses  of 
busmess  than  it  can  dispose  of. 

^  The  method  of  choosing  the  federal  judiciary  was  settled 
without  strife.  The  motion  for  its  appointment  by  the  execu- 
tive, with  the  advice  and  consent  of  the  senate,  when  first  pro- 
posed, gained  an  equal  vote ;  and  on  the  seventh  of  September 
was  agreed  to  without  a  division.f 

The  supreme  court  was  to  be  the  « bulwark  of  a  limited 
constitution  against  legislative  encroachments."  ^    A  bench  of 
a  few,  selected  with  care  by  the  president  and  senate  from  the 
nation,  seemed  a  safer  tribunal  than  a  multitudinous  assembly 
elected  for  a  short  period  under  the  sway  of  passing  currents  of 
thought,  or  the  intrepid  fixedness  of  an  uncompromising  party. 
There  ^ways  remains  danger  of  erroneous  judgments,  arising 
from  mistakes,  imperfect  investigation,  the  bias  of  previous 
connections,  the  seductions  of  ambition,  or  the  instigations  of 
surrounding  opinions ;  and  a  court  from  which  there  is  no  ap- 
peal is  apt  to  forget  circumspection  in  its  sense  of  security. 
The  passage  of  a  judge  from  the  bar  to  the  bench  does  not  nec- 
essarily divest  him  of  prejudices;  nor  chill  his  relations  to  the 
particular  political  party  to  which  he  may  owe  his  advance- 
ment ;  nor  blot  out  of  his  memory  the  great  interests  which  he 
may  have  professionally  piloted  tlirough  doubtful  straits ;  nor 
quiet  the  ambition  which  he  is  not  required  to  renounce,  even 
though  his  appointment  is  for  life ;  nor  cure  predilections 
which  sometimes  have  their  seat  in  his  own  inmost  nature. 

But  the  constitution  retains  the  means  of  protecting  itself 
against  the  errorr  of  partial  or  interested  judgments.    In  the 

*  Story  in  Curtis,  iii.,  669 ;  Ellsworth  in  Curtis,  i.,  243. 

t  Gilpiu,  1620 ;  Elliot,  524.  |  Federalist,  Ixxviii. 


iTsr. 


THE  FEDERAL  JTOrCIART. 


333 

first  place,  the  force  of  a  judicial  opinion  of  the  snpre.ne  court 

iTwin  ft  .  m"  ^'"''.^*y  ™bmito,  in  order  to  escape  fmm 
anarchy  in  the  daily  routine  of  business.  To  the  decWon  on 
an  nnderlyhig  question  of  constitational  law  no  suchfiLu; 
attaches  To  endure,  it  mnst  be  right.  If  it  is  right  it  wm 
approve  ij^e  to  the  n.iversal  sensetf  the  impartial.^  1  ul 
wo  can  justly  lay  claim  to  integrity  will  never  lay  claim  It! 
fallibility;  but  with  indefatigable  research  will  add    re  ract 

needTri  tr^''  """  •""'"■^  consideration  ""he 
need  of  it.»    The  court  is  itself  inferior  and  subordinate  to  th« 
constitution;  it  has  only  a  delegated  authoritr-d  etrvlfn 
ion  contrary  to  the  tenor  of  ita  commission  i   voidTfepf" 
setthng  the  caae  on  trial.    The  prior  act  of  the  superior  m  J 
be  preferred  to  the  subsequent  act  of  an  inferior;  othTwiW 
might  tmnsform  the  limited  into  an  unUmited  consruron 

cTi^tedWU  ott^^'^T!^"''  rightly  held  to  express  the 
corrected  viU  of  the  legislature ;  but  the  constitution  is  the 
fundamental  code,  the  law  of  laws;  and  where  there  is  a  cfn 
flictbe  ween  the  constitution  and  a  decision  of  the  court,  Z 
ong™  pei^anent  act  of  the  superior  outweighs  the  late  act 
of  the  infenor,  and  retains  its  own  supreme  energy  unaltered 

tut  on  Itself     To  say  that  a  court,  having  discovered  an  error 

P^Ln^'t  t'"^  *"  ;  '"''""  ''  ""  '"^  "^^  deUveredtto 
opmion    ,8  to  invest  caprice  with  inviolabihty  and  make  a 

wShi"^'"'  °'  I  r'"*  ""'^8''  *^  constitu":'  to 
wh  ch  he  has  sworn  obedience.    An  act  of  the  ledslature  n.' 

variance  with  the  constitution  is  pronounced  vidT^ ^pi:: 
equi  L  ""''""""'»"'  »'  variance  with  the  conrftution  is 

A  thii^d  influence  may  rise  up  "  as  the  rightful  interpreter 
Irf    us  great  charter  "of  American  rights  and  AmericanTol 
m    the  good  sense  "  f  of  the  land,  wiser  than  the  judges  done, 

•  W,Is„„.s  Works,  1.,  29.        t  Coolcy'.  0»„,U,„u„„.,  u,,  224 ,  Curtis,  h.,  3,0. 


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854 


THE  FEDERAL  CONVENTION. 


B.  III. ;  OH.  X. 


because  it  includes  within  itself  the  wisdom  of  the  judges  them- 
selves ;  and  this  may  lead  either  to  the  better  instruction  of  the 
court,  or  to  an  amendment  of  the  constitution  bv  the  collective 
mind  of  the  country. 

The  consolidation  of  the  union  was  to  be  made  visible  to 
the  nation  and  the  world  by  the  establishment  of  a  seat  of  gov- 
ernment for  the  United  States  under  their  exclusive  jurisdic- 
tion ;  and  like  authority  was  to  be  exercised  over  all  places  pur- 
chased for  forts,  dock-yards,  and  other  needful  buildings.*  It 
was  not  doubted  that  the  government  of  the  union  should  de- 
fend each  state  against  foreign  enemies  and  concurrently  against 
domestic  violence;  and  should  guarantee  to  everyone  of  the 
states  the  form  of  a  republic,  f 

Sherman  hesitated  about  granting  power  to  estabUsh  uni- 
form laws  on  the  subject  of  bankruptcies,  lest  they  might  be 
made  punishable  even  with  death.  "This,"  said  Gouvemeur 
Morns,  "  is  an  extensive  and  deHcate  subject.  I  see  no  danger 
of  abuse  of  the  power  by  the  legislature  of  the  United  States."  ± 
On  the  question  the  clause  -as  agreed  to,  Connecticut  alone 
being  in  the  negative. 

So  soon  as  it  was  agreed  that  the  states  should  have  an 
equal  representation  in  the  senate,  the  small  states  ceased  to  be 
jealous  of  its  influence  on  money  bills  ;  finally,  on  the  eighth 
of  September,  it  was  settled  that,  while  all  bills  for  raising 
revenue  should  originate  in  the  house  of  representatives,  the 
senate  might  propose  or  concur  with  amendments  as  on  other 
bills.* 

On  the  same  day,  just  before  the  adjournment,  Williamson 
strove  to  increase  the  number  of  the  first  house  of  representa- 
tives; and  was  seconded  by  Madison.  Hamilton  spoke  with 
earnestness  and  anxiety  for  the  motion.  «I  am,"  said  he,  «a 
friend  to  a  vigorous  government ;  at  the  same  time  I  hold  it 
essential  that  the  popular  branch  of  the  government  should 
rest  on  a  broad  foundation.  The  house  of  representatives  is  on 
60  narrow  a  scale  as  to  warrant  a  jealousy  in  the  people  for  their 

•Gilpin, 740,  1218,  1295,  1612;  Elliot,  130,  874,  409,  661. 
f  Gilpin,  734,  «61,  1141,  1241,1621  ;  Elliot,  128,  190,  833,  881   864 
t  Gilpin,  1481 ;  Elliot,  604. 

«  GUpin,  1494,  1630,  1631 ;  ElUot,  510,  629  ;  Elliot,  i.,  286,  294,  295. 

\ 


1787. 


THE  FEDERAL  JUDIClARf. 


355 

Hberties     The  connection  between  rhe  president  and  the  senate 
will  tend  to  perpetuate  him  bj  corrupt  influence;  on  thiB 
account  a  numerous  representation  in  the  other  branch  of  the 
legislature  should  be  estabhshed."    The  motion  v^as  lost  by  one 
majority;  Pennsylvania  and  the  four  states  nearest  her  on  the 
south  being  outvoted  by  New  Jersey  and  the  New  England  states 
u.  one  extreme  and  South  Carolina  and  Georgia  at  fhe  other  ' 
It  remained  to  mark  out  the  way  iu  which  the  new  consti- 
ution  should  be  ratified.     The  convention  had  shown  aX 
inchnahonto  a.kfor  it  the  approbation  of  congress,     ^miltn 
aw  m  the  omission  an  indecorum,  and  made  the  rash  motion 
hat  congress  if  they  should  agree  to  the  constitution,  Xuld 
tmnsmit  It  for  ratification  to  the  legislatures  of  the  sevmi 
tates.     Gerry  seconded  him.t    Wilson  strongly  disapprlv^d 
"the  suspending  the  plan  of  the  convention  onfhe  approbTJon 
of  congress."    He  declared  it  worse  than  folly  to  rXon    he 
concurrence  o   the  Rhode  Island  memb.  > .  of  congress.^  Marv 
land  had  voted,  on  the  floor  of  the  convention,  forTequiring  the 
unammous  assent  of  the  thirteen  states  to  the  change  in  the 
federal  system ;  for  a  long  time  New  York  had  not  been  rep! 
resented;  deputies  from  other  states  had  spoken  against  the 
plan.     "Can  it  then  be  safe  to  make  the  Lent  oiTonJe^ 
necessary  ?    We  are  ourselves,  at  the  close,  throwing  insu^e^ 
able  obstacles  in  the  way  of  its  success."  t    Cljoner  thought 
he  proposed  mode  would  fetter  and  embarrass  congress ;  and 
King  and  Rutledge  concurring  with  him,  Hamilton's  motion 
was  supported  only  by  Connecticut.*    It  was  then  voted  in 
the  words  of  the  report  of  the  committee  of  detail :  «  This  con 
stitution  shall  be  laid  before  the  United  States  in  congress 
assembled ;  and  it  is  the  opinion  of  this  convention  that  it  should 
be  afterward  submitted  to  a  convention  chosen  in  each  state 
under  the  recommendation  of  its  legislature,  in  order  to  receive 
the  ratification  of  such  convention."    In  substance  this  method 
was  never  changed  ;  in  form  it  was  removed  from  the  constitu- 
tion and  unbodied  in  a  directory  resolution.  |j 


•Gilpin,  1833;  Elliot,  630. 
t  Gilpin,  1640;  Elliot,  534. 


t  Gilpin,  1539;  Elliot,  633. 

a  A-*'     '..     ,',".""' *  Gilpin,  1641;  Elliot  634 

^    I  Art.  «...  of  draft  of  tho  constitution  submitted  to  the  committee  of  ~vi 
BioD,  September  10th.     Gilpin,  1570 ;  Elliot,  041.  committee  of  revi- 


'  nimmm 

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850 


THE  FEDERAL  CONVENTION. 


".  HI. ;  en.  X. 


Raiuiolph  ii„w  bo^wi  to  spnik  of  the  coriHtitiition  an  a  plan 
wliicli  would  cud  in  iyvimny  ;  and  proposed  that  tho  stato  con- 
volitions,  on  receiving  it,  should  have  power  to  adopt,  reject, 
or  auiondit;  after  whieh  another  general  convention' should 
meet  with  full  jwwer  to  adopt  or  reject  tlu^  propoged  altera- 
tions, and  to  cstahliHh  finally  tho  govc^rnnient.  l<'nud<lin  sec- 
onded tho  motion.*  Out  of  respect  to  its  authors,  tho  pro- 
position was  allowed  to  remain  -n  the  tahle  ;  but  hy  a  unani- 
mous vote  it  was  ordered  that  the  constitution  should  bo 
established  on  its  ratilication  by  the  conventions  of  ninestates.f 
l<mally,  a  committee  of  live  was  appointed  to  revise  its  stylo 
and  tho  arrangement  of  its  articles. 


♦tlilpin,  1512;  Elliot,  086. 


t  OiIj)in,  1571 ;  Kliiot,  641. 


■jf  5 


,'tlhl.-Uli. 


1787. 


■nils  LAST  UAYH  OF  THE  OONVENTION. 


307 


criArTKu  XI. 

ran  LAST  I«Y8  or  -iitK  oonvknton. 
Prnmrn-Ai  12  t<,  .S,.:i.,i.;m„kr  17,  1787. 

wo™  joi,?,:,,:,,  ,:„"'.""  "'"^  "'v^^'"'""  "^  '"^  ^'^-^ 

Kinp     The  <i  U.1       ft "  \,       T™"'"  ^f"™'  ^f"*"™.  ""d 
o<».l  0^1",^;  and  tor'""   '  "'J"°',  "=""'"'""'  ""<•  oq"i- 

and  oft.ro„o«"dTt*,,  ,      i*'    ""  ""  I"""""'  '""g-^'inuod, 
tliat  tlicro  scarce  y  remained  rnnm  f„J  ;..  ''  "'"'''°"> 

tl.o  di«trilmti„„  of  ita  pZ  ""P^vemont  c.cept  in 

wI.o  are  vet  In  *^"'"'  ^^'^'K^'y  i  the  decree  of  many 

.ot  *:   e'e  ,.n"  d    Z  I «    "'™'  'rf"'^  "■''^™«'  »^ 
provided.  '^  "  ™^ "'""''  ""^i'-  fo'-'^oaat  has 

aeeeptaneeTv  nine  ^  r       T  r  *"«<>  into  effect  on  its 
ptance  l,y  nme  of  tl.em,  and  the  rtates  by  wl.ich  it  would 

a  Mo„.U  ,0  T.  M.H„s,  .2  Dcco^bor  ,SU.  i„  U,e  b,  Sp„k,,  „,,  a^,. 


f':r 


I    I    I 


358 


THE  FEDJIRAL  CONVENTION. 


D.  III. ;  cii.  XI. 


1)0  ratified  could  not  bo  foroknown.  Tho  doputies  in  tlio  con- 
vontion,  representing  but  eleven  BtiitcH,  did  not  '/retond  to  bo 
"tho  people;"  and  could  not  inHtitutc;  a  general  government 
in  its  nanio.  Tho  instrument  which  thoy  framed  was  like  tho 
report  of  a  bill  beginning  with  tho  words  "  it  is  enacted,"  though 
tho  binding  enactment  awaits  the  will  of  the  legislature;  or 
like  a  deed  drawn  up  by  an  attorney  for  several  parties,  and 
awaiting  its  execution  by  the  i)rlncipals  themselves.  Only  by 
ita  acceptance  could  tho  words  "  we  tho  peoi)Io  of  tho  United 
States"  become  words  of  truth  and  power. 

Tho  i)hraso  "general  welfare,"  ^  adopted  from  tho  articles 
of  confederation,  though  seemingly  vague,  was  employed  in  a 
rigidly  restrictive  sense  to  signify  "  the  concerns  of  tho  union 
at  largo,  not  tho  particular  ])olicy  of  any  state."  f  Tho  word 
"national"  wjis  excluded  from  tho  constitution,  becanso  it 
might  seem  to  present  tho  idea  of  tho  union  of  tho  people  with- 
out at  the  same  time  bringing  into  view  that  tho  one  republic 
was  formed  out  of  many  states.  Toward  foreign  powers  tho 
country  presented  itself  as  one  nation. 

The  arraogemcnt  of  tho  articles  and  sections  is  faultless ; 
tho  style  of  tho  whole  is  nearly  so.  Tho  branches  of  tho  legis- 
lature are  definitively  named  senate  and  house  of  represen- 
tatives, the  senate,  at  last,  having  precedence  ;  tho  two  together 
take  the  historic  name  of  congress. 

Tho  veto  of  the  president  could  still  bo  overnded  only  by 
three  fourths  of  each  branch  of  congress ;  the  majority  of  tho 
convention,  fearing  lest  so  large  a  requisition  would  impose 
too  great  a  difiiculty  in  repealing  bad  laws,  |  at  this  last  mo- 
ment substituted  the  vote  of  two  thirds. 

Williamson  pointed  out  tho  necessity  of  providing  for 
juries  in  civil  cases.  "  It  is  not  possible,"  said  Gorham,  "  to 
discriminate  equity  cases  from  those  in  which  juries  would  be 
proper;  and  tho  matter  may  safely  be  trusted  to  the  repre- 
sentatives of  tlie  people."  *  Gerry  urged  the  necessity  of  juries 
as  a  safeguard  against  corrupt  judges.  "  A  general  principle 
laid  down  on  this  and  some  other  points  would  be  sufficient," 


♦Gilpin,  1643;  Elliot,  P58. 

f  Washington  to  William  Gordon,  8  July  1783. 

j  Gilpia,  1DC3  ;  Elliot,  637. 


«Gili)in,  1565;  Elliot,  688. 


1787. 


TIIE  LAST  DAYS  OF  THE  CONVENTION, 


869 

«aW  Mason,  „„d  ho  joinod  with  (lorry  in  moving  Cor  a  bill  of 

Ti.o  .bdaration  „f  A,nori™„  in,lotH.„dencc,  l.y  tho  trutliB 

^orld.  Could  thoc„„„t,t„tiou  of  tl,„  Unitcl  Wtata  have  fecn 
accompamcd  by  „  l,ko  «ol„,nn  doelaration  of  tho  ,,rinoi|,l„„  ol 
wluch  ■tro.to.l  tho„tato,  would  have  boo,,  hold  togoi.o  by 
ho  hol.ort  and  «t,.o„j,o„t  l,o„d,.*  liut  tho  .r.olion  was  lost 
■y  tho  uuau„„o,,,  voto  oftonstatos,  Ma»sachusotts  boing  ab- 
soot  u„d  1  l,od„  Wand  and  Now  Vork  not  roprosontod. 

1  ho  stylo  of  tho  oxcoutivo,  m  silently  ca,Tiod  forward  from 
tho  c„m,„,ttoo  of  dotuil,  was  still  "  his  llvoolloncy  ; "  this  vT 
■shod  ,„  ho  oo,„„.ittoo  of  rovision,  so  that  ho  n.ifed  t  bo  knlwn 
only  as  tho  prosidont  of  the  (Jnitod  Ktatos 

i-'ollowin«  a  prooodont  of  tho  first  eon.-ross,  Mason,  on  tho 

loport  art  clos  of  assooiation  for  onoouraging  oconomy  frn- 
gahty,  and  A„,orioan  manufactures.t  It  ™  adopted  wm.oTt 
debato  and  w.thout  opposition.  Tho  propo«.l  was  rof o^d 
to  Mason  I  ranklin,  Dickinson,  Johnson;  and  William  S 
stoii ;  but  they  mado  no  report. 

From  tho  work  of  the  committee  of  detail  the  word  "ser- 
v.tude  survived  a.  applied  to  the  engagement  to  labor  for  a 
term  of  years ;  on  the  motion  of  Kandolph  the  word  "  service  » 

*  Ilcro  manu..criptH  and  printed  t..ta  differ  in  an  astonishing  manner. 

Text  of  Madison  in  Elliot,  i    300. 
It  was  moved  and  seconded  to  appoint  a  eomr.ittco  to  prepare  a  bill  of  nVhts- 
whicli  passed  UNANIMOUSLY  in  tho  negative.  »- a  oiu  or  rights , 

■Sfanuacript  of  Madison. 
On  the  question  for  a  committee  to  prepare  a  bill  of  ri-hts- 

no  j.-L::i".U'^'-'  ''■  "^'  '■  '■  "«•  '^-  -•  ^^^-  -.  M^-  no.  Va.  no.  N.  0. 
Text  0/ Madison  in  Oilpin,  15C6;  in  Elliot,  638. 
On  the  question  for  a  committee  to  prepare  a  bill  of  rights- 

t  Gilpin,  1068;  Elliot,  640. 


iflil 


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rw 


860 


THE  FKOKUAL  OONVKNTFON. 


n.  III. ;  en.  XI. 


-;  is 


mj 


wiia  unimiinouslj  Hnl»Hli(iiti«(l  for  it,  Hi-rvitudo  Immm-,'  Mioufrht  to 
oxpivHH  tho  ooiulition  of  hIiivcw,  Horvico  un  ohligution  of  froo 

pO  1*80118.* 

On  tho  wiinn  day  Jolinsoii,  fi-om  tlio  coiinnittoo  on  Htylo, 
roportodf  msoliitioiiH  for  tlio  ratilicitioii  of  tlio  coMntitiition 
tlirougli  coii^rivss  by  convi-ntions  of  tlio  ju-oplo  of  tlin  Hovoral 
8(iitt\s;  and  then  for  tlio  (-Ii>ction  of  HonatofM,  ivprcwwitativoH, 
and  olocloi-H,  and  tliroiinrh  tliiMii  of  pivsidoiit.  Nothing  was 
oinittod  to  niaki^  it  certain  that  nt  a  lixcd  tiino  and  phico  tho 
govorninont  uikUt  tho  conHtitiilion  woiihl  wtart  into  hiv'iifr. 

On  tho  fourtocnth  it  was  conlirincd  withont  di.snont  that 
congress  sliouKl  havo  no  right  to  chango  tho  places  of  tlio  olo(5- 
tioii  of  senatoiN. 

The  appointment  of  (ho  treasnr(>r  as  tho  keeper  of  tho 
pui-so  had  (hns  far  heen  jealouKJy  nservod  to  tho  two  houHCrt 
of  congress. :{:  It  marks  tho  conlidence  of  tho  convention  in 
its  own  work,  that  at  this  pi>riod  tho  selection  of  that  oflleor 
wius  confided  to  tho  i>rcsident  and  senato. 

On  the  same  day  Franklin,  seconded  hy  Wilson,  moved  to 
add,  after  the  anthority  to  ostahlish  post-oliices  and  post-roads, 
a  power  "  to  pn)vide  forcnttingcaiiids."  '^    "  Tho  expense,"  ob- 
joctod  Sherman,  "will  fall  on  the  United  States,  and  the  bene- 
iit  accrue  to  tlie  places  where  tho  canals  are  cut."     "Canals," 
replied  Wilson,  "  instead  of  being  an  expense  to  tho  United 
States,  may  be  mado  a  source  of  revenue."      Madison,  sup- 
ported by  Uandolpli,  suggested  an  enlargement  of  tho  motion 
into  a  warrant  to  grant  charters  of  incorporation  which  miglit 
exceed  the  legislative  provisions  of  individual  states,  and  yot 
bo  reijuired   by  tho   interest  of  tho  United  States;   political 
obstacles  to  an  easy  communication  between  tho  states  being 
removed,  a  removal  of  natural  ones  ought  to  follow.     Tlio 
necessity  of  the  power  was  denied  by  King.     "  It  is  nccessiv 
ry,"  answered  Wilson,  "  to  prevent  a  state  from  obstructing  tho 
general  welfare."     "  Tho  states,"  rejoined  King,  "  will  be  di- 
vided into  parties  to  grant  charters  of  incorporation,  in  Plnla- 
delphia  and  New  York  to  a  bank,  in  other  jilaces  to  mercantile 

*  (Jili.in,  12;}S,  1541,  ir.f.i);  Klliot,  379,  MO,  fi59. 
t  r.ilpin,  1570,  i:,Vl;  Klliot,  fi-ll. 


J  Gilpin,  1574  ;  Elliot,  542. 


*  Gilpin,  157G;  Elliot,  1543. 


^'««Abr 


milieu'* 


If      9  1  f  I 


>.  III.;  nn. XI, 


mr. 


■niK  I,AHT  DATH  Of  THE  CONVKNTroK, 


801 

"K  I.J,  ,.„„„:«  ,,l,„  .,„„,„„„i„ui„„  „;,„  i|,„ ',,„„,,„,  „,„|'  ^  ^2 
llio  iiiotmn,  ,,v„,i  wIkim  li,„it„<l  t„  t|io  <-mi  of,.n„„l/     •      i' 

no  v„.,.,  „„t  ,,.„«  „f  ,v „,„,.„,,  v,:;::  ■  :;f;r<' 

l>"  »il"w..,   „„  ,„™,unt  ..f  ,, :li„i,.„.     ..  Tl,„  L:lm\v,:  „„w,     „ 
>"Kr..™  at,  tiK,  „,,.t  of  «„vorn„,n„t  will  r,.„..l,  t|,„  ol,j   ^  Ju 

tieut,  JoliiiKiin  (livj(l(»|  „K,iii,„t  ,S|„,,.,„„„  I  ' 

lunct„„u.  (,f  tlio  Koncml  K„vernTii,!„t  «|,„„|,i   „t,,nj  („  ,, 

"""'     '" '^'"'K«l  ''.y  •"•'"y  "f  II."  «lato  !««•«,  «„„|,  ,„  i^„i,,„ 

raiKir  „„„,,.,,  lUKl  i„„M,,„MnK  a  ,i„„l„  t„  cli„e,„;^„  ,ldl  dS 

>l.l  I...W  U,..  ,l„l,.^„*.„  f,,„„  „,„„„.,ti„,t  I„„,  „,,„,„,,  ^,„"  ° 

c,„«.|v„.,,  "  lliatt  0  l,.;,i„U„™  „f  t,,„  i„,|ivi,,,,a;„,a„;  3 

"to  ,os«o«  a  riKlit  t„  ,„ako  an^  l„w»  for  ll,o  disd.a™  «f 

'.;,cH    II     St,.„,f;„„t  clau«c»  in  tlio  .on„tit„tio„  already  pro. 
iMl'itod  pa|.„r  money.     Kor  tlio  roHt,  |<i„„,  „„  ,^0  Imvu  io,; 

«."tracb;  l,nt  tl,o  motion  l,a,i  boon  co„,k,„„„l  „„  roicC 
t«.  far;  and  in.tead  of  i.,  at  tl,„  inntanoo  of  Itutlodfio,  t  c  „  t 
vcufon  ,lcn,.„l  to  thn  Btat«  tl.o  power  "  to  pam  bi|f„  '„f  TtW  . 

lay  Ins  del  ts  l,y  „,oro  convenient  in»tah„e„t.s  than  ho  had 
covenanted  for,  wore  effectually  prohibited,    lint  Dickinson 
a.s  we  have  ...cn,  after  consnltins  lilackstone,  mont.oncd  to 
tl.o  honso  that  the  term  ..„  ,«„,  /,,,,  „,,t  j  J';~ 


t«ilpin,  1577,  1678;  Elliot,  644. 


*(5ilpin,  1570,  1577;  Elliot,  514. 
t  Madison,  I,  821. 

I IT^'  T'l'l  ^'^"'"*'  '■•'  '''•  '''•     ^^"'P'^^''  ^-''P!".  898 ;  Elliot,  20a 
"  Elliot  J  "  271  '  '"  '''°°"''^'^  °^  "'"  ^'Snera,  ii.,  43. 


i'  ii 


I  < 


i' '  '  i 

;         j; 

1 

.  '  1  ■ 

,    ,  1 

•  '' 

' 

: 

1 

I  f 


i 


lull 


869 


THE  rKDERAL  CONVENTION. 


R.  III. ;  on.  xt. 


casos  only;   and  that  rt'dtraiiit  of  tlio  Htatcs  from  retrospeo. 
tivo  law  in  civil  ca.sc'8  would  roiiniro  Homo  furthor  proviBion.* 
Boforo  an  explanatory  provision  had  hccn  inado,  tho  section 
caino  into  tho  hands  of  tho  committee  on  roviHion  and  stylo. 
That  eommitteo  had  no  authority  to  brin<^  forward  any  new 
proposition,  but  only  to  make  corrections  of  style.     (Jon von 
neur  Morris  retdned  tho  vlauso  forbidding  cxpostfaeU)  laws- 
and,  resolute  not "  to  countenance  tho  isaue  of  paper  money  and 
tho  consequent  violation  of  contmctH,"  f  ho  of  hiaiself  added 
tho  words  :  "  No  state  shall  pass  laws  altering  or  impairing  the 
obIi<j;ation  of  contracts."     Tho  convention  reduced  tho  explan- 
atory words  to  tho  shorter  fc^nn  :  "  No  state  shall  pass  any  law 
impairing  tho  obligatiim  of  contracts."  X     In  this  manner  au 
end  was  designed  to  be  made  to  bai-reu  land  laws,  laws  for  the 
instalment  of  debte,  and  laws  closing  tho  courts  against  suitors. 
On  tho  iifteenth,  from  fresh  information,  it  ni)pcared  to 
Sherman  that  North  (.'arolina  was  entitled  to  another  reproson- 
tativo ;  and  Langdon  moved  to  allow  one  more  member  to  that 
state,  and  likewise  one  more  to  Rhode  Island.^     "  If  Khode 
Island  is  to  bo  allowed  two  members,"  said  King, "  I  can  never 
sign  tho  constitution." 

Charles  Pinckney  urged  separately  tho  just  claim  of  Nortli 
Carolina ;  on  Avhich  Bedford  put  in  a  like  claim  for  Khodo 
Island  and  for  Delaware;  and  tho  original  proposition  was 
hopelessly  defeated.  || 

Eandolj)h  and  Madison  disliked  leaving  tho  pardon  for 
treason  to  tho  president  alone ;  but  the  convention  would  not 
suffer  the  legislature  or  the  senate  to  share  that  power.^ 

The  committee  of  revision  had  described  a  fugitive  slave  ad 
"a  person  legally  held  to  service  or  labor  in  one  state."  The 
langnage  seemed  to  imply  that  slavery  was  a  "  legal "  condition ; 
the  last  word  of  the  convention  relating  to  the  subject  defined 
the  fugitive  slave  to  be  "  a  person  held  to  service  or  labor  in 
one  state  under  the  laws  thereof,"  making  it  clear  that,  in  the 
meaning  of  the  constitution,  slavery  was  local  and  not  federal.^ 

*  Gilpin,  1450  ;  Elliot,  488.  «  Gilpin,  1683 ;  Elliot,  647. 

t  O.  Morris  by  Sparks,  iii.,  323.  |  Gilpin,  1683,  1684  ;  Elliot,  647. 

t  Gilpin,  1552,  1681 ;  Elliot,  646,  661.        ^  Gilpin,  1687 ;  Elliot,  549. 
0  Gilpin,  1638,  1689,  1G20;  Elliot,  550,  564. 


1787. 


THE   LAST  DAYS  01'  TIIE  CONVENTION. 


808 

T1.0  convontioa  gave  ti.e  last  touches  to  tlio  modes  of 

on  tho  conouiTonro  of  „acl,  hn  XI    < ..  «  »«"l'>«-'"b ;  and 
call  a  convention,  ro"  r  "    t  ^f  nl  i  7  T^'"'"'""^  '" 

Madfaon  snpported  iramUton  ™'"'""  *"  ""■  P"°P'»''* 

Hero  KLcrman  flnggcstcU  an  altcmativo:  tl.o  Ie.M«lato» 
naj,  propose  anicndmcnto  directly  to  the  novcra  IS  tot  fo 
bo  bmdmg  nn.,1  co..cnted  to  by  tl.om  all.«    "To  t  bind  n^ 

hoS  J  r;,  •  ,  ,""°  "'"""'I"'™'".  *''c  convention  an- 
t  ionzcd  two  tinrds  of  congress  to  introdnco  amcndn,cnts  to 
U.0  conswnfon;  bnt,  to  prevent  basty  cl.angc,  reoS  f„^ 
thmr  ratification  tbc  as.*nt  of  tbn^o  fonrtbs  ofLS  ,1^' 
or  conventions  of  the  states.  iCo'slaturos 

Madison    summing  „p  tbc  ideas  tbat  had  found  favor 

tZ,„f    I      ,-,."'"•'''  "  "''™  "'«  "PPlication  of  two 
thirds  of  tho  legislatures  of  tlic  states,  slia  I  propose  amend 
ments  to  tlio  constitution  whicli  shall  bo  valid  ^hcn  tbcv  shjl 

n.  their  legislatures  or  conventions,  as  one  or  the  other  mode 
Stat ,  "  "^' '"'  '"''""'  "'  "'"  '"«'^'"'"^''  «^  Mod 
that'^the  r"""  r!  "<'°^P"»1,  but  not  till  it  had  been  agreed 
with  tho  South  on  slavery  should  not  bo  liable  to  change 


3 

1:1 


*  Gilpin,  1241;  Elliot,  881. 
f  Gilpin,  1468;  Elliot,  498. 
t  Gilpin,  1634;   Elliot,  C31. 
VOL.  VI. — 26 


*  Gilpin,  1535;  Elliot,  681. 
Ilbiil- 


t  .' 


!  'I 


' 

i 

•  i 

1 

1  n 

I 

\j 

\v 

n 

1 

' 

.':      • 

\: 

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1 

i.-.u 


"I 


364 


THE  FEDERAL  CONVENTION.         b.  iii. 


on.  zi. 


■i.  ir 


i  <  ill 


{!    .  lili' 


Five  days  later  the  foars  of  the  small  states  'vero  quieted  by  a 
proviso  that  no  state  without  its  ovm  consent  should  ever  bo 
deprived  of  its  equality  in  the  senate.* 

Finally,  on  maturest  reflection,  the  propv^sition  of  the  com- 
mittee of  detail,  obliging  congress  to  call  a  convention  on  ap- 
plication of  two  thirds  of  the  states,  was  restored.  Amend- 
ments to  the  constitution  might  proceed  from  the  people  as 
represented  in  the  legislatures  of  the  states ;  or  from  the  peo- 
ple as  represented  in  congress ;  or  from  the  people  as  present 
in  a  convention ;  in  every  case  to  be  valid  only  with  the  assent 
of  three  fourths  of  the  states. 

Mason,  in  sullen  discontent  at  the  grant  of  power  to  a  bare 
majority  of  c- j'-ess  to  pass  navigation  acts,  and  dreading  that 
"  a  few  rich  jrchants  in  Philadelphia,  New  York,  and  Bos- 
ton" might  by  that  means  monopolize  the  staples  of  the  south- 
em  states  and  reduce  their  value  perhaps  fifty  per  cent,  moved 
"  that  no  law  in  the  nature  of  a  navigation  act  be  passed  before 
the  year  eighteen  hundred  and  eight,  without  the  consent  of 
two  thirds  of  each  branch  of  the  legislature  ; "  but  he  was  sup- 
ported only  by  Maryland,  Virginia,  and  Georgia.f 

Next,  Randolph,  whose  weight  as  governor  of  Yirginia 
might  turn  the  scale  in  that  state,  declared  his  intention  to 
withhold  his  signature  from  the  constitution  that  lie  might  re- 
tain freedom  as  to  his  ultimate  action ;  and,  agreeing  exactly 
with  Richard  Henry  Lee,  :j:  he  moved  "  that  state  conventions 
might  have  the  power  to  offer  to  the  constitution  which  was  to 
be  laid  before  them  as  many  amendments  as  they  pleased ;  and 
that  these  amendments,  together  with  the  constitution,  should 
be  submitted  to  another  general  convention  ■ '  #  for  a  final  de- 
cision.   He  was  seconded  by  Ma^on,  who  said :  "  The  govern- 
ment as  established  by  the  constitution  will  surely  end  either 
in  monarchy  or  a  tyrannical  aristocracy.    As  it  now  stands,  I 
can  neither  give  it  my  support  in  Virginia,  nor  sign  it  here. 
With  the  expedient  of  another  convention  I  could  sign."  || 

"  I,  too,"  said  Charles  Pinckney,  "  object  to  the  power  of 
a  majority  of  congress  over  commerce ;  but,  apprehending  the 

*  Gilpin,  1692 ;  Elliot,  552.  f  Gilpin,  1593  ;  Elliot,  552. 

t  Compare  R.  H.  Lee  to  Chancellor  Pendleton,  22  May  1183,  in  Life,  ii.,  93,  9t. 

*  Gilpin,  1593  ;  ElUot,  552.  [  Gilpin,  1594  ;  Elliot,  552,  55a 


1787. 


THE  LAST  DAYS  OF  THE  CONVENTION. 


365 

danger  of  a  general  confusion  and  an  ulHmot„  A^„-  ■     i     ■ 
sword,  I  eball  g,Ve  the  plan  my  elport "    Thl  r  ^  *! 

^.P  eight  objections  I  the  LsXtln,  "  =^.".^1^.^ 'hi 

convention        '     ^  ^''  *°"'  """'^""^^-^  ^'"  "  '^"ond  genera! 
answered'"  ^^1^1^"::^  "'^T' '""  ^"  ^"^  ^«- 

ing  to  the  con.it„t)S;::rtCf  a-thi  r ■ 

present  answered  "  A  vp  »    TiT^         ^..    .  '  *^®  ^*^*®s 

1  aiMvtrta    Aye.       -the  constitution  was  then  ordprpri 

to  be  engrossed,  and  late  on  the  evenino-  of  SoTL!  Ti     t 
adjourned  *  evening  oi  Saturday  the  house 

tern  when  they  returned  to  their  states+     OnT  .      tf* 
seventeenth  of  Sentember  V..Tr         /    ?    ^""^V'  the 

over  the  dissentfn  We  J  °  Mr  ?r  •/  l"'  '^"^  '»  ™ 
era!  parts  of  this  c^onslLtion  I  d!ttr~"''  '^'  'T 
I  am  not  sure  I  shall  never  approve  them  Tal.T^'' ''"' 
find  this  system_approaehing?o  ne:;t:„erfecSr1™: 
to  this  constitution  because  I  exnect  r^ahMi  \  Z  "^^^^^^ 
am  not  sure  that  it  is  not  the  best  Tho  n  •  '"^^^"^^  ^ 
of  its  errors  I  sacrifice  to  t^  puS^;  Jll  ^^™^  '  ^^^  ^^^ 
"On  the  whole,  sir,  I  cannot  help  expressing  a  wi.h  +l.n+ 
every  member  of  the  convention,  who  may  stm  Wp  T     . 

t.ue  a  simple  testimony  that  the  constitution  h^ltX/^S 
nnammoM  consent  of  the  states  present"*    BnTtiT        , 
—on  induced  nel^.er  Masonrnor^rry.ttnd^S 


•Gilpin,  1696;  Elliot,  553. 

*  Gilpin,  1598;  Elliot,  665. 


I  Gupin,  1597,  iSaS;  Elliot,  634,  665. 


■<  y 


1 

1. 

> 

■    'V.      '.     * 

i 

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t  ■'!, 


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1  ;   i 

1 

1  *      i 

30G 


THE  FEDERAL  CONVENTION". 


n.  m. ;  on.  xi. 


Before  the  qiieatioii  wjih  put,  (iorhatii,  obeying  an  iiitima- 
tiou  from  AVasliiiigton,  i)roposed  to  render  tlu  house  of  ropro- 
seiitativcs  a  more  popular  body  by  allowing  one  member  for 
every  thirty  thousjind  inhabitanta.  lie  was  warmly  seconded 
by  King  and  Carroll.* 

Rising  to  put  the  question,  the  president,  after  an  apology 
for  offering  his  sentiinents,  said  :  "  1  would  make  objections  to 
the  plan  as  few  as  possible.  The  smalhiess  of  the  number  of 
representatives  has  been  considered  by  many  members  as  in- 
sufficient sccuiity  for  the  rights  and  interests  of  the  people ; 
and  to  myself  has  always  appeared  exceptionable;  late  us  is  the 
moment,  it  will  give  me  much  satisfaction  to  see  the  amend- 
ment adopted."  f  And  at  his  word  it  was  adopted  unani- 
mously. 

On  the  (picstion  to  agree  to  the  engrossed  constitution,  all 
the  states  answered  ^  Aye."  ^ 

.  ^  Randolph  then  apologized  for  refusing  to  sign  the  constitu- 
tion, "notwithstanding  the  vast  majority  and  the  venerable 
names  which  gave  sanction  to  its  wisdom  and  its  worth.  I  do 
not  mean  by  this  refusal,"  he  continued,  "  to  decide  that  I  shall 
oppose  the  constitution  without  dooi-s ;  I  mean  only  to  keep 
myself  free  to  bo  governed  by  my  duty,  as  it  shall  bo  prescribed 
by  my  future  judgment."  # 

"  I,  too,  had  objections,"  said  Gouvcrneur  Morris ;  "  but  con- 
sidering the  prcRcnt  plan  the  best  that  can  bo  attained,  I  shall 
take  it  with  all  its  faults.  The  moment  it  goes  forth,  the 
great  question  will  be :  '  Shall  there  be  a  national  government, 
or  a  general  anarchy  ? ' " 

"  I  am  anxious,"  said  Hamilton,  "  that  every  member  sliould 
sign.  A  few  l^  refusing  may  do  infinite  mischief.  No  man's 
ideas  are  more  remote  from  the  plan  than  my  own  are  known 
to  be;  but  is  it  possible  to  deliberate  between  anarchy  and 
convulsion  on  the  one  side,  and  the  chance  of  good  to  be  ex- 
pected from  the  plan  o.  the  other?"  || 

"  I,"  said  Gerry,  "  fear  a  civil  war.  In  Massachusetts  there 
are  two  parties:  one  devoted  to  democracy,  the  worst,  I  think, 
of  all  political  evils ;  the  other  as  violent  in  the  opposite  ex- 


*  Gilpin,  1593;  Elliot,  655. 
t  Gilpin,  ICOO;  Elliot,  536. 


+  Gilpin,  1599,  ICOO;  Elliot,  655,  666. 
*  Ibid.  I  Gilpin,  ICQl ;  Elliot,  650 


1787. 


THE  LAST  DAYS  OF  TOE  CONVENTION. 


867 

f^ed  »  ^'''''"  *^''  ''''"'''''°  ""^  *^''''''  confusion  is  greatly  to  bo 
"  I  sLall  sign  the  constitution  witli  a  view  to  support  it  with 
a  1  my  influence,"  said  Cotesworth  Pinckney,  "and  I  wish  to 
pledge  myself  accordingly."  *  Jarcd  Ingersoll  of  Pennsvl- 
vania  considered  the  signing  as  a  recommendation  of  what  all 
thmgs  considered,  was  the  most  eligible. 

The  form  proposed  by  Franklin  was  accepted  with  no  dis- 
sent except  that  South  CWlina  wa3  impatient  at  its  want  of 
an  affinnative  expression  of  unhesitating  approval.     The  lour- 
nals  and  papers  of  the  convention  were  confided  to  the  care  of 
the  president  subject  to  tlie  order  of  the  new  government  when 
It  should  be  formed  t     Hamilton  successively  inscribed  on  the 
great  sheet  of  parchment  the  name  of  each  state  as  the  dele- 
gations one  after  the  other  came  forward  in  geographical  order 
and  signed  the  constitution.     When  it  appeared  Ihat  the  unani- 
mous  consent  of  all  the  eleven  states  present  in  convention  was 
recorded  in  its  favor,  Franklin,  looking  toward  a  sun  which 
M-as  blazoned  on  the  president's  chair,  said  of  it  to  those  near 
urn :     In  the  vicissitudes  of  hope  and  fear  I  was  not  able  to 
tell  whether  it  wob  rising  or  setting;  now  I  know  that  it  is  the 
rising  sun." ;{: 

The  members  were  awc-stnick  at  the  result  of  their  coun- 
cils ;  the  constitution  was  a  nobler  work  than  any  one  of  them 
had  believed  it  possible  to  devise.  They  all  on  that  day  dined 
together,  and  took  a  cordial  leave  of  eacii  other.  Washington 
at  an  early  hour  of  the  evening  retired  "to  meditate  on  the 
momentous  work  which  had  been  executed."  « 

*  Gilpin,  1G03,  ICOJ ;  Elliot,  557,  568.       t  Gilpin,  1621 ;  Elliot,  565. 

t  GUpiu,  1006  ;  Elliot,  558.  «  Diary  of  Washington  for  the  day. 


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THE 


rOEilIATIOi\  OF  THE  CONSTITUTION 


OF  THB 


UNITED    STATES   OF   AMEEIOA, 

I^  FIVE  BOOKS. 

BOOK  FOURTH. 

THE  PEOPLE  OF  THE  STATES  IN  JUDGMENT  ON  THE 

CONSTITUTION. 

1787-1788. 


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CHAPTER  I. 

THE  CONSniTTTlON  IN  C0NGEE8S   AKD  m  VIBQINIA. 

Septembee  to  November  1787. 

On  the  twentieth  of  September  the  letter  of  the  presldpnf 
of  the  convention  to  the  president  of  congress  he  f„nTf. 
the  proposed  constitution,  and  the  order  of  f  ""^ 

were  laid  before  congress',  and  o:^  thf nU' da^  a;;Ta:r S 
tlie  daily  papers  of  New  York  ^  appeared  m 

be  nested  in     the  general  government  of  the  imion"  are  too 
extensive  to  be  delegated  to  " one  body  of  men  »     ^.' I^^^  •' 
practicable  in  the  federal  government  o"^  these  suites,  to  sec'e" 
^1  rights  of  independeiit  sovereignty  to  each,  and  y  t  p  o^Me 
for  the  interes  and  safety  of  all;  it  is  difficult  to  draw  with 
pecision  the  hne  between  those  rights  which  must  be    ur- 
rendered  and  those  which  may  be  reserved ;  on  the  present 
occasion  this  difficulty  was  increased  by  a  diiference  'among 
he  several  states  as  to  their  situation,  extent,  habits,  and  2^ 
ticular  interests.     AVe  kept  steadily  in  vie^  the     loS 
ion  of  our  union,  in  which  is  involved  our  prosperity,  f eh  i  y 
afety,  perhaps  our  national  existence.    And  thus  the  consti- 
tution which  we  now  present  is  the  result  of  that  mutual  def- 
erence and  concession  which  the  peculiarity  of  our  political 
situation  rendered  indispensable."  ^ 

doZ^'iT'^^f''^  l'''^^''^^^  "^'^  ^'^^^^  opposition  from  the  in- 
dofat,gab  e  Richard  Henry  Lee,*  supported  by  Nathan  Dane  f 
and  all  the  delegates  from  New  York,  of  whom  Melancthon 

*  Carrington  to  Madison,  Sunday.  23  Scpfembor  178^ 
t  Gilpin,  643,  630;  Elliot,  666,  568. 


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372       THE  STATES  RATIFY  THE  CONSTITUTION.  d.it.;oh.i. 

Smith  was  the  ahlest.    Till  Madison  returned,  the  delegates 
from  Virginia  were  equally  divided,  Grayson  opposing  the 
government  because  it  was  too  feeble,  and  Lee  because  it  was 
too  strong.*      Already  the  New  York  faction  was  actively 
scattering  the  seeds  of  opposition,  and  Hamilton  dauntlessly 
opposing  them  in  the  public  papers  by  arguments  for  union.f 
It  was  only  out  of  the  ashes  of  the  confederation  that  the 
new  constitution  could  spring  into  being ;  and  the  letter  of  the 
convention  did  mdeed  invite  congress  to  light  its  own  funeral 
pyre.     On  the  twenty-sixth  it  was  first  contended  that  con- 
gress could  not  properly  give  any  positive  countenance  to  a 
measure  subversive  of  the  confederation  to  Avhich  they  owed 
their  existence.     To  this  it  was  answered,  that  in  February 
congress  itself  had  recommended  the  convention  as  "  the  most 
probable  means  of  estabhshing  a  firm  national  government," 
and  that  it  was  not  now  more  restrained  from  acceding  to  the 
new  plan  than  the  convention  from  proposing  it.     If  the  plan 
was  within  the  powers  of  the  convention,  it  was  within  those  of 
congress ;  if  beyond  those  powers,  the  necessity  which  justified 
the  one  would  justify  the  other ;  and  the  necessity  existed  if 
any  faith  Avas  due  to  the  representations  of  congress  them- 
selves, confirmed  by  twelve  states  in  the  union  and  by  the  gen- 
eral voice  of  the  people. 

Lee  next  attempted  to  amend  the  act  of  the  convention  be- 
fore it  should  go  forth  from  congress  to  the  people.  "  Where," 
said  he,  "  is  the  contract  between  the  nation  and  the  govern- 
ment? The  constitution  makes  mention  only  of  those  who 
govern,  and  nowhere  speaks  of  the  rights  of  the  people  who 
are  governed." ;{:  He  wished  to  qualify  the  immense  power  of 
the  government  by  a  bill  of  rights,  which  had  always  been  re- 
garded as  the  palladium  of  a  free  people.  The  bill  of  rights 
was  to  relate  to  the  rights  of  conscience,  the  freedom  of  the 
press,  the  trial  by  jury  in  civil  cases  as  well  as  criminal,  the 
prohibition  of  standing  armies,  freedom  of  elections,  the  inde- 
pendence of  the  judges,  security  against  excessive  bails,  fines, 
or  punishments,  against  unreasonable  searches  or  seizure  of 

*  Carrington  to  Jefferson,  23  October  1181. 

f  Carrington  to  Madison,  23  September  1787. 

t  Minister  Otto  to  Count  Montmorin,  New  York,  23  October  1787. 


lI^^^U^ 


■ssse 


war. 


TDE  CONSTITUTION  IN  CONGEE88. 


373 

persons  houses,  papers,  or  property;  and  the  right  of  petition 
He  further  propped  amendment,  to  the  constirution;'^!  ol 
c  1  of  state  or  pnvy  council,  to  be  joined  with  the  presidcnUn 
the  appomtment  of  all  ofBeers,  so  as  to  prevent  LmmZ 
of  leg.,at,veandeKeeutivepowe..;  novice-president;  an^^ 
crease  of  the  number  of  the  representatives;  and  the  rer»is°- 
t.o„  o  more  than  a  majority  to  mal<e  comme'rcial  ro^^Z 
The  restrain    on  the  power  of  regulating  conunerce  a^d 
navigation  would  have  been  fatal  to  tlfe  wealth  and  prosperUv 
of  New  York     Nevertheless,  the  propositions  of  lXoE 
supported  by  Melancthon  Smith,  who  insisted  that  conZs 
had  he  undoubted  right  and  the  duty  to  amend  the  p  W 
ti^e  federa   eonst.tution,i„  whic-h  the  essential  safeg,.^r  of 
.berty  had  been  omitted.    To  .his  it  was  replied  thatTn^ref 
hod  certamly  a  right  of  its  own  to  propose  amendmeuTs^t^ 
that  those  must  be  addressed  to  the  legislatures  of  the  state" 

act  of  the  federal  convention  was  to  bo  addressed  to  conven- 
tions  of  the  several  states,  of  which  any  nine  might  rdont  1 
lor  themselves.  So  the  first  day's  debate  ended'withouTad' 
mitting  the  proposed  amendments  to  consideration  * 

The  ne^t  day  Lee,  seconded  by  Smitl.,  ofl'ered  a  resolution 
that  congress  had  no  power  whatever  to  assist  f  in  creatine,  a 
"new  con  ederacy  of  nine  "  states;  and  therefore  be  wotld^do 
no  more  than,  as  a  mark  of  respect,  forward  the  acts  of  tho 
onvenfon  to  the  executives  of  every  state  to  be  laid  teforo 
tW  respective  legislatures.  On  the  instant  Abraham  Cla  "k! 
of  New  Jersey  seconded  by  Nathaniel  Mitchell  of  Delaware 
P  oposed  to  add:  "In  order  to  be  by  them  submitted  toTon: 

tTons  rf  tl  ^^''T-  *"  }r  "'"^™  '^SroeMy  to  the  said  resolu- 
tions  of  t  e  convention."  On  tho  question,  Georgia  and  the 
two  Carolm^^  voted  unanimously  a^inst  £ee;  so  did  Dela 
ware  and  the  only  member  from  Maryland,  with'pennsyl™nt 
New  Jersey,  Connecticut,  Massachusetts,  New  Hampshire 
Virgimo,  on  the  return  of  Madison,  join  d  them  by  tl^  to! 
flexible  majority  of  Madison,  Carrington,  and  Henry  Lee, 

*  Madison  to  Washington,  Xow  York,  30  Sentcmber  llsi  •  R  n  T  .«  ♦    c 
uel  Adan^s.  Ne.  York,  5  October  1787  ;  Life  .         H  Lei    i  ^^^  76         ''  ''"' 
t  Gilpm,  G43;  Elliot,  606.  '      ' 


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37J:       tup:   states  ratify  toe  constitution.  h.iv.;oh.i. 

against  Grayson  and  Riclmrd  Ilonry  Leo.     All  tho  states  ex- 
cept Now  York  wore  for  tho  motion;  and  all  except  New 
York  and  Virginia  were  unanimouHly  so.     Tho  majority  in 
congress  was  impatient  to  express  its  approval  of  tho  acts  of 
tho  convention  in  still  stronger  language ;  Carrington  of  Vir- 
ginia, therefore,  seconded  hy  Bingham  of  Pennsylvania,  pro- 
posed that  it  be  recommended  to  tho  legislatures  of  the  several 
states  to  cause  conventions  to  bo  held  as  speedily  as  may  be,  to 
the  end  that  the  same  may  be  adopted,  ratified,  and  conlirmcd.* 
In  this  stage  of  the  business  congress   adjourned.     Tho 
friends  of  the  new  constitution  desired  to  send  it  to  the  states 
by  tho  unanimous  vote  of  congress.     The  members  from  New 
York  would  not  consent  to  any  langiuige  that  implied  approval. 
To  win  their  vote  tho  resolution  of  congress  must  bo  neutral. 
On  the  other  hand,  the  idea  of  unanimity  required  the  ell'aco- 
ment  of  every  motion  adverse  to  the  reference  of  the  consti- 
tution.    Accordingly,  congress,  when  it  next  asscmbhul,  ex- 
punged from  its  journal  the  proposed  amendments  of  Richard 
Henry  Lee,  and  tho  vote  of  the  preceding  day ;  f  and  having 
obliterated  every  record   of  opposition,   it  resolved   on  the 
twenty-eighth  unanimously,  eleven  states  being  present,  Mary- 
land having  one  delegate,  Ilhode  Island  alone  being  altogether 
unrepresented,  that  the  said  report,  with  the  resolutions  and 
letter  accompanying  the  same,  be  transmitted  to  the  several 
legislatures,  in  order  to  be  submitted  to  a  convention  of  dele- 
gates chosen  in  each  state  by  tho  people  thereof  in  conformity 
to  the  resolves  of  the  convention. ;}: 

Baffled  within  the  convention,  Richard  Henry  Leo  appealed 
to  the  world  through  the  press  in  a  series  of  "  Letters  from  tho 
Federal  Fanner,"  of  which  thousands  of  copies  were  scattered 
through  the  central  states.  He  acknowledged  the  necessity  of 
reforming  the  government,  but  claimed  to  discern  a  strong  ten- 
dency to  aristocracy  in  every  part  of  tho  proposed  constitution, 
which  he  slighted  as  the  work  of  visionary  young  mcn,^  bent 
on  changing  the  thirteen  distinct  independent  republics  under 
a  federal  head  into  one  consolidated  government.^    He  way- 

*  MS.  Journals  of  Congrcsg  in  State  Department. 

t  MS.  Journals  of  Congress.  »  Letters  from  the  Federal  Farmer,  8. 

X  Journals  of  Congress,  iv.,  782.  ^  Letters  from  the  Federal  Farmer,  6. 


-^'i^&egwgj 


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u.  IT. ;  oil,  I. 


im. 


THE  CONSTITDTIO.V  IN  VIRUmiA. 


375 

Wd  Gerry  when  bound  for  l.oine,  and  assisted  l,n„  in  propur- 
."K  an  ollieia    ettor  to  explain  I,i»  ^fusal  to  sign  tlio  co.Jiti- 

".'"•  ,  "."  '^'"^'^  '""«lf  to  Samuel  Adams,  tlie  "de^ 
friend  with  «•,„,„  he  liad  long  toiled  in  the  vineyard  of  iX 
orty,    snhinitting  to  his  wisdom  and  patriotism  the  ohic.ctiom 

o  the  new  eonstitntion  which  ho  hadVroposed  in  eonfe^^ 
tae  orm  of  amendments,  hut  di^in^emiously  siibstitntiit  other 
words  for  Ins  remonstrance  against  vesting  eongre^  wkh 
power  to  regulate  commeree.  He  extended  his  imrigues  to 
I  ennsylvama  and  Delaware,  hoping  to  delay  their  declLs. 

1  am  waiting  with  anxiety  for  tlio  echo  from  Virginia 
but  wit^i  very  faint  hopes  of  its  corresponding  with  my  wishe  " 
wrote  Madison  from  New  York  city  to  Washington-  Tho 
party  m  power  m  Now  York  was  passionately  opposed  to  to 
constitution ;  but  already  day  had  begun  to  scatt  r  th  d  tk  'f 
earliest  morning.  "' 

In  the  first  moment  after  his  return  to  Momit  Vernon 
Islington  sent  a  copy  of  tho  constitution  to  Patrick  llenrv  + 
to  Ilarrison,  and  to  Nelson,  each  of  whom  had  been  governor 
of  Virginia.     In  a  propitiatory  letter  he  appealed  to  their  ex- 
perience of  the  difficulties  which  had  ever  arisen  m  attempts  to 
reconcile  tho  interests  and  local  prejudices  of  tho  several  states 
"I  wish,"  he  eontiaued,  "  the  constitution  which  is  offered  hid 
boon  more  perfect ;  bnt  it  is  tho  best  that  eould  bo  obtained  at 
Uiis  tinie    and  a  door  is  opened  for  amendments  hereafter. 
The  pohUcal  eoncoms  of  this  eountiy  are  suspended  by  a 
thread.    Ihe  convention  has  been  looked  „p  to  by  tho  reflect 
mg  part  of  the  community  with  a  solicitude  which  is  hardiv  to 
be  conceived ;  and  if  nothing  had  been  agreed  on  by  that  body 
anarchy  would  soon  liavo  ensued,  the  seeds  being  deeply  sown 
m  every  soil."  °       i  j  ^^y^u 

outt^f'*''f  w^^'"''^  ^'"''"'  J'"'*  '^'''  *^"^  ^^^^^^  ^^^«  ««nt 
out,  wntcs  o  Washington :  "  He  is  in  perfect  health,  and  looks 

almost  as  well  as  he  did  twenty  years  ago.     I  never  in  my  life 

saw  him  so  keen  for  anything  as  he  is  for  the  adoption  of  the 

new  form  of  government."  t   Throughout  the  whole  country  he 

*  Madison  to  Washin-ton.    Gilpin,  646  ;  Elliot,  C67 

f  WashinRton  to  Henry,  24  September  1787.    Sparks,  h.,  2C5 

;  A.  Donald  to  Jefferson,  12  November  1787. 


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370       THE  STATES   RATIFY   THE   CONSTITUTION.  u.tv.;oii.i. 

was  tlio  octitro  of  Interest;  in  Vir^'inia  of  power.  The  leiulors 
of  oi)p(>8ition  answered  him  frankly,  but  with  oxi)r<!.sHion9  of 
dofereneo  and  nlTection. 

"The  Hi'edrf  of  civil  diseord,"  replied  irarri.son,  "are  plenti- 
fully  Hown  in  very  many  of  the  powers  given  both  to  the  presi- 
dent  and  congress.  If  tho  constitution  is  carried  into  effect, 
tho  states  south  of  tho  Potomac  will  bo  little  more  than  ajv 
pendagos  to  those  to  tho  northward  of  it.  My  objectiona 
chiefly  lie  against  tho  urdimited  powers  of  taxation,  tho  regula- 
tion  of  trade,  and  the  jurisdictions  that  are  to  be  established  in 
every  state  altogether  independent  of  their  lav/s.  Tho  sword 
and  such  powers  will,  nay,  must,  sooner  or  later  establish  a 
tyranny."  * 

Avowing  very  sincerely  "  the  highest  reverence  "  for  Wash- 
ington,  Patrick  I Fenry  answered  positively:  "I  cannot  bring 
my  nund  to  accord  with  the  proposed  constitution." f 

C.eorgo  Alason,  who  had  rendered  the  highest  and  wisest 
ecrvice  in  shaping  tho  constitution,  now  from  wounded  prido 
resisted  his  inmost  convictions,  cmimerating  to  his  old  friend 
his  objections,  of  which  tho  grant  to  congress  of  power  to  ref^u- 
late  conmiercc  by  a  bare  majority  wiis  the  capihd  one. :{: 

Next  Richard  Henry  Lee,  professing  himself  "compelled 
by  irresistible  conviction  of  mind  to  doubt  about  the  new  sys- 
tem for  federal  govermnent,"  wrote:  "  It  is,  sir,  inconsequence 
of  long  reflection  upon  the  nature  of  man  and  of  government 
that  I  am  led  to  fear  the  danger  that  will  ensue  to  civil  liberty 
from  tho  adoption  of  tho  now  system  in  its  present  form." 
And,  having  at  once  fixed  in  his  mind  the  jdan  on  which  resist- 
ance to  its  adoption  should  be  conducted,  ho  avowed  iii.  wi.,h 
"that  such  amendments  as  would  give  security  to  t^o  ridits  r,f 
human  nature  and  the  discordant  interests  of  the  ditferent  parts 
of  tills  union  might  employ  another  convention."  ^^ 

But  tho  influence  of  Washington  outweighed  them  all. 
lie  was  embosomed  in  the  affections  and  enshrined  in  the  pndo 
of  the  pople  of  Virginia;  and  in  all  their  waverings  during 

*  Sparfe,  k.,  ViiiO,  267.    Note.  f  Sparlts,  ix.,  2(50.    Note. 

X  Geoi-fvc  Mason  to  Washington,  1  October  1787.     Spnrlf.s,  ix.,  207, 208.    Note. 

*  R.  II.  Lcc  to  Washington,  New  York,  11  October  1787.     Letters  to  W..  ir., 
180,  181. 


irsr. 


THE  0ON8TITDTION  m  VtnolNIA. 


8TT 

tlmm.m>,,™tl,»  following  tl,o  ffdcml  cnnvonti.M  1,„  wa,  tlio 

tr.ctcd,l,,,.,,r,.H<.„tat,ve»..,f  whom  (ieorg,,  Mason  ,va»  on" 
K.      ,0  ,,™.,,    „,..,,ri,,,       ,  ,„„,,„„,      I,  -. 

tho   |r„t„.,l  S,a  ..„  ,:o|,c.n<le,l  on  tl,o  .siH..«ly  a.lontion  of  tho 
federal  constitution."  *  '       J        I    ""  "i  luo 

in  tl,o  ..lose  <liviMon  „f  ,,arti«s  in  tI,o  rtato  it  waa  of  vital 

f.'™"'"7  ,"'"1 'W  '"ili'-y  cluof  in  .|„o  „„„  ,,„,.i  ,!d  f^^^ 

u  a,|,|„«  to  ti,„  ,,,„,,t„^  „f  y^^  ,_^_^_^^       delcffites     In  thia 
icttor,  not  ,x.t  ,,lo,l,;in.  I,i„,«.lf  to  tho  nncon.IU  o   il  a„« 

;[-^.p-^..:n"i;;:L;;::;:;;:';:ti:;— ^^ 

l"s  I.  I  ,  ,  at  the  thought  of  j.artial  conf,..lon.eic»  The  nt 
n,o.,t  Inn.t  of  any  partial  confodcvcy  which  Vi  .nni.  con  ,' 
expect  to  fo,.,„  wonld  con.prchcnd  tho  throe  Ljtc  'and  Ir 
nca,-..Ht  northern  neishbor.  l!„t  they,  like  onrselve,,  "re  dT 
mn„.he,l  ,n  their  real  force  by  the  mixtnro  of  an  ,  nhappv 
species  of  popiilation."  f  "unappy 

Monroe  wrote  to  Madison  that  his  "stron"  obicctions"  fo 
the^™.^,t„tio„  "were  overbalanced  by  the  tr^::^  i't! 

The  IcRiKlature  of  Virginia  was  to  hold  its  regnlar  meetinrr 

consHtur'"  "'""-'*''' f'  "'°  ™'°  of  ^nK^s  transmitting  the 

n"    o'n;!'"""'-'.'"^''""/'"'  '"""^'    ^'^"'^  "-y.  -f- 

Itat,  declared  that  the  constitution  must  go  before  a  convcn- 

tZT""  °' """"  ""°"'  '■"'"'•'■  ^  ««""-  "«'•  a-,..  M,„.u™,  a, 

o«^':;;'.  "^^'tv:  *:  ■"'""" «'  *=  '■»- »'  -^^s-- «'  virgin,..  lo 

*  ilonroe  to  Madison,  13  October  1787, 


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878       THE  STATES  RATIFY  THE  CONSTITUTION.  b.iy.;oh.i. 

tion,  as  it  transcended  the  power  of  the  house  to  decide  on 
it.* 

But  when,  on  the  twenty-fifth,  Iraucis  Corbin  proposed 
"  a  convention  to  be  called  according  to  the  recommendation 
of  congress,"  Henry  objected  that  under  that  limitation  its 
members  "  would  have  power  to  adopt  or  reject  the  new  plan, 
but  not  to  propose  amendments  "  of  its  "  errors  and  defects." 
His  motion  to  give  this  power  to  the  convention  of  the  state 
was  seconded  by  Mason,  who  added  :  "  I  declare  that  from  the 
east  of  Xew  Hampshire  to  the  south  of  Georgia  there  is  not  a 
man  more  fully  convinced  of  the  necessity  of  establishing 
some  general  government  than  I  am ;  that  I  regard  our  perfect 
union  as  the  rock  of  our  political  salvation."  f 

After  some  debate,  John  Marshall  of  Richmond,  conced- 
ing the  point  as  to  "  leaving  the  door  open  for  amendments,"  | 
pleaded  that  the  legislature  should  not  seem  to  disapprove  the 
new  federal  government,  and,  for  the  form  of  the  resolution, 
proposed  that  "  the  new  constitution  should  be  laid  before  the 
convention  for  their  free  and  ample  discussion."  ^  This  form 
was  silently  accepted  by  Henry,  while  Mason  declared  "  that 
the  house  had  no  right  to  suggest  anything  to  a  body  para- 
mount to  itself."  The  vote  was  unanimous,  the  form  of  the 
resolution  being  that  of  Marshall,  M'hile  in  substance  it  yielded 
up  all  that  Henry  and  Mason  required,  f  From  "  unfriendly 
intentions  toward  the  constitution,"  ^  the  choice  of  the  conven- 
tion was  postponed  till  the  court  days  in  March,  and  its  time  of 
meeting  to  the  first  Monday  in  June.  Should  many  of  the 
states  then  be  found  against  the  constitution,  Virginia  could 
assume  the  office  of  mediator  between  contending  parties,  and 
dictate  to  all  the  rest  of  the  union.  () 

*  Bushrod  Washington  to  G.  W.,  19  October  ITST.     Sparks,  ix.,  273. 
t  Report  of  Debate  in  Packet,  10  November  17S7. 

X  Madison,  i.,  ^03,  3G4. 

*  Report  of  the  Debate  from  Pcnn.  Packet,  10  November  17S7. 

5  ('ompare  George  Mason  to  G.  W.,  6  November  1787,  in  Letters  to  G.W.,  iv., 
190.  Report  of  Debates  in  Penn.  Packet,  10  November  1787.  Bushrod  AVash- 
Ington  ill  Sparks,  ix.,  287. 

■*■  Edward  Carrington  to  T.  Jefferson,  10  November  1787.  Bushrod  Wash- 
ington  W&3  inexpcrienncd,  and  at  first  judged  the  disposition  of  the  legislature  too 
favorably ;  Carrington  had  keencr-ejed  correspondents.  ' 

^  Monroe  to  Madisou,  7  February  1768.     Carrington  to  Madison,  18  January 


3  conven- 


379 


1787.  THE   COis^STJTUTION  IN  VIRGINIA. 

Since  amendments  Lad  been  unanimously  authorized,  it 
seemed  fair  that  any  expense  of  an  attempt  to  make  them 
Bhould  be  provided  for  with  the  otlier  cliarges  of  the  conven- 
tion.- A  letter  from  Richard  Henry  Lee,  a  representative 
frou  Virginia  m  congress,  to  the  governor  of  the  common- 
wrlth,  recommended,  as  a  policy  open  to  "no  objection  and 
promising  great  cafety  and  mucli  good,"  f  that  amendments 
adopted  severally  by  the  states  should  all  be  definitively  re- 
ferred to  a  second  federal  convention. 

To  carry  out  this  policy,  resolutions  werb  on  the  last  day  of 
November  introduced  into  the  house,  and  supported  by  Henry 
and  Mason,  pledging  the  general  assembly  to  defray  the  ex- 
pense of  a  deputy  or  deputies  which  the  convention  of  the 
conimonwealth  in  the  following  June  might  think  proper  to 
send  to  confer  with  a  convention  of  any  one  or  more  of  the 
sister  states,  "  as  well  as  the  allowance  to  be  made  to  the  depu- 
ties  to  a  federal  convention,  in  case  such  a  convention  should 
be  judged  necessary."     The  friends  of  the  constitution,  who 
now  perceived  the  direction  in  which  they  were  drifting,  made 
a  rally ;  but  they  were  beaten  by  a  majority  of  about  fifteen. 
A  bill  pursuant  to  the  resolutions,  reported  by  a  committee 
composed  mainly  of  the  most  determined  "  malcontents  "  soon 
became  a  law.  $    Friends  of  the  constitution  who  had  been 
jubilant  at  the  first  aspect  of   the   legislature  now  doubted 
whether  It  any  longer  had  a  majority  in  its  favor;  its  enemies 
claimed  a  decisive  victory.     Early  in  December,  Monroe  re- 
ported to  Madison :  "  The  cloud  which  hath  hung  over  us  for 
some  time  past  is  not  likely  soon  to  be  dispelled."  # 

But  on  Washington's  mind  no  cloud  rested.'  On  the  last 
day  of  iNovember  he  had  replied  to  David  Stuart  of  his  own 
state:  "I  am  sorry  to  find  by  your  favor  that  the  opposition 
gams  strength.  If  there  are  characters  wlio  prefer  disunion 
or  separate  confederacies  to  the  general  government  which  is 
offered  to  them,  their  opposition  may,  for  aught  I  know,  pro- 
ceed fi-om  principle ;  but  as  nothing,  according  to  my  concep- 
tion of  the  matter,  is  more  to  be  deprecated  than  a  disunion  or 

1788.     Washington  to  Carter,  14  Docombor  1787,  in  Penn.  Packet  of  11  Januar. 
1788.  *  Sparks,  u,  287.  +  Lee's  Life,  ii.,  81 ;  Elliot,  i    K05 


1 


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■L!: 

380       THE  STATES  RATIFY  THE  OONSTITUTIOxN-.  b.iv.;oh.i. 

three  distinct  confederacies,  as  far  as  my  voice  can  go  it  shall 
be  offered  in  favor  of  the  general  government."  * 

Nor  did  he  lose  heart  or  trust ;  on  the  fourteenth  of  De- 
cember, in  a  letter  which  soon  reached  the  people  of  Virginia 
through  the  newspapers,  he  wrote  to  Charles  Carter  of  Freder- 
icksburg :  "  I  am  pleased  that  the  proceedings  of  the  conven- 
tion have  met  your  approbation.    My  decided  opinion  on  the 
matter  is  that  there  is  no  alternative  between  the  adoption  of 
it  and  anarchy.    If  one  state,  however  important  it  may  con- 
ceive itself  to  be,"  and  here  he  meant  Virginia,  "  or  a  minority 
of  them,"  meaning  the  five  southernmost  states,  "should  sup. 
pose  that  they  can  dictate  a  constitution  to  the  union,  unless 
they  have  the  power  of  applying  the  ultima  ratio  to  good 
effect,  they  will  find  themselves  deceived.    All  the  opposition 
to  it  that  I  have  yet  seen  is  addressed  more  to  the  passions 
than  to  reason ;  and  clear  I  am,  if  another  federal  convention 
is  attempted,  that  the  sentiments  of  the  members  will  be  more 
discordant  or  less  accommodating  than  the  last.    In  fine,  they 
will  agree  upon  no  general  plan.     General  government  is  now 
suspended  by  a  thread ;  I  might  go  further,  and  say  it  is  really 
at  an  end ;  and  what  will  be  the  consequence  of  a  fruitless  at- 
tempt to  amend  the  one  which  is  offered  before  it  is  tried,  or 
of  the  delay  of  the  attempt,  does  not  in  my  judgment  need  the 
gift  of  prophecy  to  predict. 

"I  saw  the  imperfections  of  tLe  constitution  I  aided  in  the 
birth  of  before  it  was  handed  to  the  public;  but  I  am  fully 
prsuaded  it  is  the  best  that  can  be  obtained  at  this  time,  that 
it  is  free  from  many  of  the  imperfections  with  which  it  is 
charged,  and  that  it  or  disunion  is  before  us  to  choose  from. 
If  the  first  is  our  election,  when  the  defects  of  it  are  experi^ 
enced,  a  constitutional  door  is  opened  for  amendments  and  may 
be  adopted  in  a  peaceable  manner,  without  tumult  or  disor- 
der."  t  But  as  Virginia  has  delayed  her  convention  till  June, 
our  narrative  must  turn  to  tbe  states  which  were  the  first  to 
meet  in  convention. 

*  In  Sparks,  Ix.,  284,  for  "these  distinct  confcicracios "  read  "three  distinct 
confederacies." 

t  Washington  to  Chnrlcs  Carter,  14  December  1787,  In  Pcnn.  Packet  of  11 
January  1788.  The  original  draft  of  the  letter  is  preserved  iu  the  State  Department. 


mjmuiL>...,. 


B,  IV. ;  OH.  I. 

go  it  shall 

nth  of  De- 
af Virginia 
of  Freder- 
he  conven- 
lion  on  the 
idoption  of 
t  may  con- 
a  minority 
ihould  sup. 
ion,  unless 

10  to  good 
opposition 
le  passions 
jonvention 

11  be  more 
fine,  they 

3nt  is  now 
it  is  really 
ruitless  at- 
3  tried,  or 
t  need  the 

led  in  the 
am  fully 
time,  that 
hieh  it  is 
•ose  from, 
re  experi- 
3  and  may 
or  disor- 
till  June, 
!ie  first  to 


hrce  distinct 

ackct  of  11 
}cpartmeiit. 


1787. 


THE  CONSTITUTION  IN  PENNSYLVANIA. 


381 


CHAPTER  II. 
THE  coNSTinnroiT  m  Pennsylvania,  Delaware,  and  new 

JERSEY;   AND  IN   GEORGIA. 

From  18  September  1787  to  2  January  1788. 

torl^Z  ^'T  '^"f  ^'^^'  ^^'""^  "°^  ^''^'  ^«*  ^^  universal  in- 
teres  to  another  A  new  era  in  the  life  of  the  race  begins  a 
people  select  their  delegates  to  state  conventions  to  proZnee 
their  judgment  on  the  creation  of  a  federal  repubhc 

is  to  h!  ?  ifiiiT'l'  ^f^  *'  ^'  fellow-citizens  and  t'o  mankind 
Pllil    "3fi"l^{  ^^^^^^1-  ;  o-«  -ore  honor  to  be  won  by 
Philadelphia  as  the  home  of  union  ;  one  new  victory  by  Penn 
sylvania  as  the  citadel  of  the  love  of  the  one  indivisible  coun- 
try.    Ihat  mighty  border  commonwealth,  extending  its  Une 
from  Maware  bay  to  the  Ohio,  and  holding  convenient  passes 
thro^h  the  A lleghanies,  would  not  abandon  the  South,  nor 
the  West,  nor  the  North;  she  would  not  hear  of  triple  confed- 
eracies nor  of  tNvin  confederacies ;  but  only  of  one  government 
embracing  all.     Its  people  in  their  multifarious  congruity  had 
nothmg  adverse  to  union  ;  the  faithful  of  the  proprietary  partv 
were  zealous  for  a  true  general  government;  so  too  was  every 
man  in  public  life  of  the  people  called  Quakers;*  so  was  an 
crverwhehnmg  majority  of  the  Cxermans;t  so  were  the  Bap- 
tiste,  as  indeed  their  synod  authoritatively  avowed  for  every 
«tate.     The  perfect  liberty  of  conscience  prevented  religious 
differences  from  interfering  with  zeal  for  a  closer  union. 

P1.M  /i  1  ^'t  P'"""^  ^^  *^^  confederacy  the  inhabitants  of 

1  hiladelphia  did  not  extend  their  plans  for  its  reform  beyond 

tlie  increase  of  its  powers,  but,  after  fhp  fli^Lf  .^  -^J^.. 

*  Independent  Gazetteer,  16  January  1788.  f  Independent  Gazetteer. 


I  t 


,[.;,! 


il 


.IlilH 


fiM  I, 


^■i 


882     TIIK   STATI'S   RATIFY  THE  CONSTITUTION,  ii.  iv. ;  on.  ti. 

from  llirir  city,  ihcy  br^m  to  say  to  one  nnotlior  tliufit 
would  ho  iiioro  easy  to  build  a  now  HJiip  of  wtato  than  to  ivpair 
tho  old  ono;"  that  tlioro  was  nood  of  a  lunv  couHtitiitioii  with 
n  lo<?ialaturo  in  two  hnnu'IioH.  Morclumts,  bankoi*H,  lioldorH  of 
tho  national  dc^ht,  tho  army  oHicors,  found  no  party  organized 
against  this  o|)inion  ;  Dickinson  M-aa  magnanimous  enough  to 
become  dissatislied  with  tho  confederation  which  he  had  chielly 
nssisted  to  frame;  and  ho  and  ATilllin  and  McKean  and  (Jeorgo 
Olymer  and  Hush  manifested  no  oi>|)osition  to  the  policy  of 
Wilson,  Robert  Morris,  (}ouvorueur  Morris,  and  Fitzsimons; 
although  remoter  counties,  and  especially  tho  backwoodsmen 
on  each  side  of  tho  mountains,  loved  their  wild  personal  lil). 
orty  too  dearly  to  welcome  a  now  supremo  control. 

At  eleven  in  tho  morning  of  tho  eighteenth,  l>enj:imin 
Franklin,  then  ])residcnt  of  J'ennsylvania,  moro  than  fouracoro 
years  of  ago,  fuUilliiig  his  last  great  public  service,  was  ushered 
into  tho  hall  of  tho  Jissembly,  followed  by  his  seven  colleagues 
of  tho  convontimi.  After  expressing  in  a  short  address  their 
hope  and  belief  that  the  measure  reconnnondod  by  that  body 
would  ]iroduco  hapjiy  oJTects  to  tho  connnonwoalth  of  Pennsyl- 
vania Jis  well  as  to  every  other  of  tho  United  States,  ho  pre- 
sented the  constitution  and  accompanying  ])apcrs. 

For  the  next  ton  days  tho  house,  not  willing  to  forestall  tho 
action  of  congress,  confined  itself  to  its  usual  business ;  but  as 
it  had  resolved  to  adjourn  shie  die  on  Saturday,  tho  twenty- 
ninth,  riymer,  on  tho  morning  of  tho  last  day  but  one  of  tho 
session,  proposed  to  refer  tho  acts  of  tho  federal  convention  to 
a  convention  of  tlio  state.     That  there  might  be  time  for  re- 
flection, Robert  Whitehill  of  (''arlisle,  on  behalf  of  tho  minor- 
ity, re(iuested  tho  postponement  of  tho  (piostion  at  least  until 
the  afternoon.     This  was  conceded ;  but  in  tho  afternoon  tho 
minority,  nineteen  in  mimber,  did  not  attend,  and  refused  to 
obey  the  summons  of  tho  speaker  delivered  by  tho  scrgcant-at- 
amis,  so  that  no  quorum  could  bo  made.     This  factious  seces- 
sion so  enraged  tho  inhabitants  that  early  the  next  morning  a 
body  of  "  respectable  men  "  made  a  search  for  tho  delinquents ; 
and  linding  two  of  them,  just  sufficient  to  form  a  house,  dragged 
them  into  the  assembly,  where,  in  spite  of  their  protests,  they 
were  compelled  to  stay.     Meantime  a  fleet  messenger,  sent 


I.  IV. ;  on.  It. 

■r  tliiit  "it 
II  to  ivpair 
iition  with 
holdoi'M  of 
or^iuiizcid 
onoii^li  to 
uul  oliiolly 
1(1  (loorgo 
!  policy  of 
itzsiiiions ; 
woodKincu 
rsonal  lib- 

Tionjiunin 
foiiracoro 
lis  11  she  red 
nolloagiies 
Iresfi  their 
that  body 
'  PomiByl- 
38,  ho  pro- 

[•cstall  tlio 
)8 ;  but  as 
0  tw'onty- 
no  of  the 
^Mition  to 
no  for  rc- 
lio  minor- 
oast  until 
^'iioon  the 
ofuscd  to 
rffcant-at- 

5118  8CCCS- 

loniiii^  a 
nquciita ; 
.  dragged 
:stB,  thoy 
[jor,  sent 


im. 


TllE  OONHTITIITION  IN  riCNNSYI.VANIA. 


383 

from  1  cnn»ylv,uua,  arrive!  witl,  an  autl.ontic  oc.py  „f  ,  ™«  u 
luuluig  t  ,o  roforonco  of  tl,.,  n,„„tit„ti.m  to  convontio,rof 

t«>"  of  th„  r,»ol,ai„n,  e,l,„  l-onn«ylva„ia  m>.,My  c  llei  all 
vo"tio,.  of  tl,o  Htato  for  the  third  Tua«iay  d  Navolo   ^ 

.if};r.;:^i,:;;:,:--—:--,3^f 

...    U.0  minority,  trained  in  .v^tan™  to  wliat  ™  tho  ,X 

came  the  Ho«l  of  a  iK.rmanunt  national  party. 

Kichar.1  llonry  U.o  hi«l  di„sominatoj  in  I'iiiladolnhit  tho 
ohjccfon,  of  l,in>.,olf  and  (i„,rg„  M»,m  to  tho  con  U      ion 
and  «ovont«.„  of  tho  decoding  ,„„nd,„rH  imhod.od    .C     T,.' 

luan  in  tho  new  fodcral  syHtom  ^^ 

.ihio,  .1  ,l,d,  and  honorta  mo.nl.r  a,  w,«  in  tho  convon- 

1  •     ,  .  ,"'•'"'  "'  ""'"''"'■'  "'  "  R^at  mooting  in  I'hila- 

dolplna,  1,0  held  „,,  the  constitution  „„  tlio  host  which    ho 

,iit<d  it!     '    "'   r   ""''''""'''   "'"'  ""-■  R"von,mont  of  tho 
nrntcd  htates  w,is  a  hm.tcd  govorn.ncnt,  which  had  no  powe™ 
except  tliose  which  wen,  specially  graiite,!  to  it.     The  Zc2 
W.1S  promptly  reprinted  in  New  York  a»  a  reply  to  the  i  rj 
..fonso    lee;  and  th,-o„gh  the  agency  of  W,^hi„gt„„UwL 

ot  a  l)ill  of  riglits  satiBhed  not  ono  stato. 

Oreat  enthusi.^m  ^y^  awakened  among  tlie  people  of  Peim- 

*  Cnrcy'8  Museum,  vol.  ii.,  Chroniole,  pp  ft  7 
_^^^nVas..ingtc>n  to  Madi.on.  10  October  1787,  in  Let.e..  Rook  at  State  Depart.     • 


,''l 

i.j 

Mc  1 

UA 

i 

^  ^m 

11 

1 

[f 

■' 

'ft 

II 

¥}■ 


1  I 

il 


III 


I  h  ii 


T||. 


m 


■! 


^f!i- 


ii 


11 


1 

'f  i  1 

!  1 

38tt     TlIK  STATIiS  UATIl-Y  THE  CONSTITUTION,  n.  iv.;«n.ii. 

pjlviinia  in  tlioprogroiw  of  tho  olectioii  of  tlioirdologatus;  thoy 
ivjoiced  lit  rlu>  iiojir  conwiniunatlon  of  tluMi*  Impcu.  Tho  coti- 
vontion  was  callcul  to  moot  on  Tiiosday,  tho  t\voii(i(>th  of  No- 
voMihor;  a  (jiionmi  appoarcd  ii  tho  noxt  daj.  Hoforo  (ho 
wcolv  waM  ovor  Ihi*  conHlitutionon  two  HiioooHHivo  dayH  rcooivod 
it«  iiivt  and  second  ivadin^jj.  Its  frionds,  who  forniod  a  wry 
hirgo  and  roHohito  majority,  woro  intoiiKoly  in  earnoHt,  and 
wonhl  not  brook  procrasti nation. 

On  Satnrday,  tho  twonty-fonitli/  Thonnm  McKcan  of  Phi- 
ladolphia,  sccontK'd  hy  .lohn  Mliwon  of  Kraidvlin  connty,  ollorod 
tho  ivsohition  in  favor  of  ratifying  tho  coiiHtitntion  ;  and  AViU 
st)n,  lus  tlio  only  ono  proncMit  who  had  boon  a  nuMobcr  of  tho 
I'edoral  convontion,  oponod  tho  dobato  : 

"Tho  United  StatoH  exhibit  to  tho  worhl  tho  lirnt  instance 
of  a  nation  unattackod  by  external  I'on^e,  unconvidsed  by  do- 
mestic insnrrectionw,  asscmblin<^  volnntarily,  (leliberalin;r  fidly, 
and  deciding  calndy  concerning  that  system  of  governnuMit 
nnder  which  they  and  (heir  posterity  shonld  live.  To  form  a 
gooil  system  of  governnuMit  for  a  single  city  or  an  inconRid(>ra- 
ble  state  has  been  thonght  to  reqniro  the  strongest  ell'orts  of 
hnman  gcMiins  ;  tho  views  of  tho  convention  woro  expanded  to 
a  largo  i>ortion  of  the  globe. 

"  Tho  dilHcnlty  of  tho  business  was  ecpial  to  its  magnitude. 
Tho  United  States  contain  already  thirteen  governments  nni- 
tually  independent ;  their  soil,  climates,  productions,  dimen- 
sions, and  numbers  are  dilTerent ;  in  many  instances  a  dilfer- 
ence  and  oven  an  opjxjsition  subsists  among  their  interests, 
and  is  imagined  to  subsist  in  many  move.  Mutual  concessions 
and  sacriiiees,  tho  consequences  of  mutual  forbearance  and  con- 
ciliation, were  indisi)ensably  necessary  to  tlio  success  of  tho 
great  work. 

"  Tho  United  States  may  adopt  any  ono  of  four  dilTerent 
systems.  Tlioy  may  become  consolidated  into  one  govei'ument 
in  which  tho  separate  existence  of  the  states  shall  bo  entirely 
absolved.  They  may  reject  any  plan  of  union  and  act  as  un- 
connected states.     Thoy  may  form  two  or  more  confederacies. 

•Correct  tho  date  in  Rlliot,  ii.,  11 7,  by  Indopomlont  Gazclto  of  29  Novcinbor 
1787.  Ei'ptH'iiilly,  CciUincl  in  tlio  same,  4  December.  Mr.  W.  [Wilson]  in  a 
speech  on  Saturday,  24  instant,  Pa.  Packet  of  27  November. 


■'-afeSSaS!' 


I.  IV. ;  (III.  II, 


1787. 


THE  OONHTITUTION    IN    PKNNHYLVANIA. 


Tlioy  mtiy  uiiito 


085 

HyHtoiuH  found  mlvooatoH  iu  the  lato  .onvction.     TI.o  ron^^ 
M.K  HP  o.n  m  a  union  in  one,  confo.ioruto  ropnbli.  * 

'11.0  expanding  qnality  of  a  govornrncnt  l,y  which  Hovoral 
Haos  a,n-ee  to  become,  an  aHHond^lago  of  HoeietL  th.      o, It 
t.ite  a  new  Hne.ety,  capable  of  inc.easin^.  by  nieann  of  f n    I  er 
«SHoe.al.on,  .h  peculiarl,  fitted  for  the  United  States,     i 
form  o    Kovernment  left  ns  ahnost  without  precedent  o  •  Ih  o 
Ancient    i.tory  dincIoHeH,  and   barel,  dincloHes,    7o  r'   W 
«o.no  con  ederate  repul>li..„.     The  SwisH  cantonn  are  conneld 
only  b.yahan(,eH;  the  [Inited  NetlieHandH  couHtifute         new 

"  Ki.ioo  statoH  as  well  uh  cIti.cnH  arc  reprenented  in  tlie  con- 
Ht  tution  before  „h,  and  form  the  objects  on  which  tha    'on  t1 

<>'  ,1  l>e  Y  w  neh  has  not  yet  receive.]  a  name.     J  shall  dis  „ 

;^  ri:  •  r  Hi  rii  r ^;:;;;;:ir  T  r  r  '•" '-'  -''> 

I  «'K-u  uocity  which,  placed  in  that  government 
w.  |.m,lu,.„  „,„™  «.,.„l  u,  tl,.  whole  than  it  it  had  re  a inod 
III  .0  sovond  „t.t„.  While  tl,„y  re»i«„  thi„  ,„,rt  „f  th ^  ;' 
t„;al  l,ortj-,  thoy  rot.a,n  tho  fn,„  and  Ken<,,-«n„  cxc'ci^c  of  aU 
tl,c.r  other  faonlfoH,  „o  far  ,„  it  i„  con.patiblu  witi,  tho  wo^^ 
of  tho  Konoral  and  „u|,„ri„tondinK  confederacy. 

Ihe  ,,owor„  of  tho  federal  Kovonnncnt'and  th«„o  of  tho 
Mate  Kovernn.ent,  are  drawn  fron,  „onrce«  onually  pnre  Tho 
l;|-"||'.plo  of  ro,.resentatio„,  n,d<nown  to  tho'  aneiel,M»  oZ 
<me,l  to  a  narrow  co„,er  of  tho  British  constitution.     For  Xo 

JrZnlt         '"■'""'""  "-""Rl-'tl'o  const  tuent  parts  of 

.n,„M  ? nr "T"*!""    ^'"'"'^    ""'".selves    emharraiised    with 

."  o"'-  <I'«.culty  of  peenliar  delicacy  and  i.nportanco;  I  mean 

to  draw„,g  a  proper  lino  between  tho  national  go^mrnt 

and  the  go™mment,  of  the  several  states.    Whatever  olnect 

the  bounds  of  a  part.cnlar  state  shonid  bo  considered  as  belonR- 


#  1,' 


Elliot,  ii    427,  428. 


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386      THE  STATES  RATIFY  THE  CONSTITUTION.  n.iv.;on.ii. 

in^  to  tlic  govcrnineiit  of  tlmt  state ;  wliatover  object  of  gov- 
ornnicnt  extends  in  its  operation  or  ciTects  beyond  tbo  bonnd? 
of  a  particular  state  should  bo  considered  as  belon^in'*-  to  tho 
governinent  of  tlie  United  States.  To  remove  discretionary 
construction,  the  enumeration  of  particular  instances  in  which 
tho  application  of  tho  principle  ought  to  take  place  will  bo 
found  to  be  safe,  unexceptionable,  aiul  accurate. 

"  To  control  tho  power  and  conduct  of  tho  legislature  by 
an  overruling  constitution  limiting  and  superintending  tho  op- 
erations of  legislative  authority  was  an  improvement  in  tho 
science  and  practice  of  government  reserved  to  tho  American 
etates.  Oft  have  I  marked  with  silent  ])leasure  and  admiration 
the  force  and  prevalence  through  tho  United  States  of  the 
principle  that  the  supremo  power  resides  in  the  peoi)le,  and 
that  they  never  part  with  it.  There  can  bo  no  disorder  in  the 
conimunity  but  may  here  receive  a  radical  cure.  Error  in  tho 
legislature  may  be  corrected  by  the  constitution;  error  in 
the  constitution,  by  tho  people.  The  streams  of  power  run 
in  different  directions,  but  they  all  originally  flow  from  one 
abundant  fountain.  In  this  constitution  all  authority  is  de- 
rived from  the  people." 

Already  much  had  been  gained  for  the  friends  of  the  con- 
stitution.     "I  am  sensible,"   said   John   Smilie  of   Fayette 
county,  "  of  the  expediency  of  giving  additional  strength  and 
energy  to  the  federal  head."     The  question  became  on  the 
one  side  the  adoption  of  the  constitution  as  it  came  from  tho 
convention;  on  the  other,  with  amendments.      Smilie  spoke 
against  a  system  of  precipitancy  which  would  preclude  deliber- 
ation on  questions  of  the  highest  coi.scqucncc  to  the  hapi)iness 
of  a  great  portion  of  the  globe.     "Is  the  object"  ho  asked, 
"to  bring  on  a  hasty  and  total  adoption  of  the  constitution? 
The  most  common  business  of  a  legislative  body  is  submitted 
to  repeated  discussion  upon  different  days."     Robert  White- 
hill  of  Carlisle,  in  Cumberland  county,  fearing  a  conveyance  to 
the  federal  government  of  rights  and  liberties  which  the  peo- 
ple ought  never  to  surrender,  asked  a  reference  to  a  committee 
of  the  whole.     He  Avas  defeated  on  the  twenty-sixth,  by  a  vote 
of  forty-three  to  twenty-four  ;  but  each  member  obtained  leave 
to  speak  in  the  house  as  often  as  he  pleased.     When  it  was  ob- 


-.^^SSSBB? 


1787. 


THE  CONSTITUTION  IN  PENNSYLVANIA. 


387 
.orvcd  that  tI,o  federal  conve„ti„„  Ui  exceeded  tl,e  powo« 

^wercd .  1  he  federal  eonveutien  did  not  proceed  at  all  ,mon 
tie  powers  K'ven  to  thorn  by  the  states,  but  upon  oriS 
prme,pe»,  and  having  f„„„ed  a  eonstitution  which  they 
Lough  would  pr«,„ote  the  happino.,  of  their  country,  they 
have  md,nuttcd  ,t  to  their  consideration,  who  n.ay  cither  aS 
or  reject  it  as  they  please." »  ^  "°P' 

th„  v','."'°  '"■'^"*^.-«r"""'.  Whitchill,  acting  in  concert  with 
ho  V.rg,n,a  oppos.t.on  an.i  preparing  the  w,^  for  entering  on 
the  journals  a  tnal  protest  against  the  proceeding,  of  tlo  mT 
onty,  proposed  that  upon  all  questions  where  "the  yo,°^d 
nayBwere  called  any  ,nend«r  n.ight  insert  the  reason  of  hta 
vote  npon  the  journal  of  the  convention.  This  was  argued 
alUhe^day  long,  and  leave  w.  refused  by  a  very  large'llta 

e  sion  of  the  country  was  finally  in  favor  of  the  minority  took 
p  aeo  on  the  twonty-eighth  of  Noven.bcr.     There  was  /rilt 

.scontent  at  the  omission  of  a  declaration  of  rigl^  T   ,3? 

hat  there  was  no  need  of  a  bill  of  rights,  Wifion  said :  "  The 
boasted  Magna  Charta  of  Kngland  derives  the  liberties  of  the 
n.hab,tan,s  of  that  kingdom  fron,  the  gift  and  ^      t  o     he 

iZ",   r,  ™"t'';'"  •'™'"°  ™^°  "-»-  to  °^'-»  bills  of 
gl.ts;  bu   here  the  fee  simple  remains  in  the  people;  and  by 

us  eonst,t„t,on  they  do  not  part  with  it.     The  prc^ble  to 

do  estabh.sh,  contains  the  es.sence  of  all  the  bills  of  rights  that 
have  been  or  can  bo  devised."  i     The  defence  was  imperfect 

answecd"TI  ■'"';"■''"';'" '""•  ^o  the  sentiment,  Smilie 
answered .     The  words  m  the  preamble  of  the  proposed  eys- 

charter  o  tnghmd,  must  yield  to  the  expressions  in  the  Penn- 
?l7\^'r  ,"' :^''''  "'"'  the  memorable  declaration  of  the 
ewer  of  Smiho  was  equally  conclusive:  "It  is  not  enough  to 

*  Independent  Gazetteer,  20  November  1787 

I  r;;;!oP«"<lont  Gazetteer  for  3  Deecmber ;  and  especially  for  7  Decnibor  17S7 


439. 


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388      TUE  STATES  RATIFY  THE  CONSTITDTIOxY.  B.iv.;on.ii. 

reserve  to  the  people  a  right  to  alter  and  abolish  government, 
but  soma  criterion  ehouhl  ho  established  by  which  it  can  easily 
and  constitutionally  ascertain  how  far  the  government  may 
proceed  and  when  it  transgresses  its  jurisdiction."     "  A  bill  of 
rights,"  interposed  McKean,  "  though  it  can  do  no  harm,  is  an 
unnecessary  instrument.     The  constitutions  of  but  five  out  of 
the  thirteen  United  States  have  bills  of  rights."     The  speaker 
was  ill  informed.     South  Carolina  and  Georgia  had  alone  de- 
clined the  opportunity  of  establishing  a  bill  of  rights;  every 
state  to  the  north  of  them  had  one  except  liliode  Island  and 
Connecticut,  which  as  yet  adhered  to  their  original  charters, 
and  New  Jersey,  which  still  adhered  to  its  government  as  es^ 
tablished  just  before  the  declaration  of  independence.    New 
York  had  incorporated  into  its  constitution  the  whole  of  that 
declaration. 

Wilson  asserted  that  in  the  late  convention  the  desire  of 
"  a  bill  of  rights  had  never  assumed  the  shape  of  a  motion." 
Here  his  memory  was  at  fault ;  but  no  one  present  could  cor- 
rcct  him.      "  In  civil  governments,"  he  proceeded,  "  bills  of 
rights  are  useless,  nor  can  I  conceive  whence  the  contrary  no- 
tion has  arisen.     Virginia  has  no  bill  of  rights."     Sinilie  inter- 
rupted him  to  cite  the  assurance  of  George  Mason  himself  that 
Virginia  had  a  bill  of  rights;  and  he  repeated  the  remark  that 
Mason*  had  made  in  the  convention :  "  The  laws  of  the  gen- 
eral government  are  paramount  to  the  laws  and  constitutions 
of  the  several  states ;  and  as  there  is  no  declaration  of  rights 
in  the  new  constitution,  the  declarations  of  rights  in  the  con- 
stitutions of  the  several  states  are  no  security.     Every  stipula- 
tion for  the  most  sacred  and  invaluable  privileges  of  man  is 
left  at  the  mercy  of  government."  f 

_  On  Saturday,  the  first  of  December,  William  Findley,  the 
third  leading  member  of  the  opposition,  in  a  long  and  elabo- 
rate argument  endeavored  to  prove  that  the  proposed  plan  of 
government  was  not  a  confederation  of  states,  but  a  consolida- 
tion of  government.  He  insisted  that  the  constitution  formed 
a  contract  between  individuals  entering  into  society,  not  a 

*  Gilpin,  15G6;  Elliot,  538. 

t  Iiiaopcndcnt  Gazetteer,  December  10,  13,  IS,  20,  21,  2Y.     Review  of  the 
tonstitutlons  by  Do  La  Croix,  English  translation,  ii.,  38G,  note. 


1787. 


TnE  OONSTITrTION  IN  DELAWARE. 


389 


Hnion  of  independent  states ;  that  in  tl,o  legislature  it  estab- 

■abed  the  vote  by  individuals,  not  hy  states  j'that  betweert 

parties  m  the  same  eommnnity,  each  elaiming  independent 

sovereignty,  jt  granted  an  unlimited  right  of  internal  S  on 

!L  1.  M  ;;  ""''^'  ^'''"'^  ^'™"8"'  "•"'  ^o'd  tl."8  be  able  to 
ann  hdate  the  power  of  its  weaker  rival,  that  it  eoneeded  a 
r«ht  to  regulate  and  judge  of  elections ;  that  it  extended  the 

men  bers  of  eongress  above  tlieir  states,  for  they  wore  oaid  not 
by  the  states  aa  suborfinate  delegates,  iiut  by  the  g  L'rl  gov 
crnment;  and  finally,  that  it  required  an  oafh  of  fllegianefto 
the  federal  government,  and  thus  made  the  aUe-^iuuee  to  a 
separate  sovereign  state  an  absurdity  *  " 

Meantime  the  zeal  of  the  majority  was  quiekencd  by  news 

part  of  the  same  stock  as  the  settles  of  Pennsylvania,  and  had 
grown  up  under  the  same  proprietary.    On'.he  prc^^sal  f^ 

d  elatfd  lr"r"T  ,1  P'*''«'P'^-'  >'«  geneml  Lmbly 
cessftv  of  .".*^y  tad  long  been  fully  convinced  of  the  n^ 
cessi  y  of  revismg  the  federal  constitution,"  "being  willing 
and  desirmjs  of  co-operating  with  the  commonwealth  of  V^r  ' 
gmia  and  the  other  states  in  the  confederation."  +  Now  that 
an  equal, ty  of  vote  in  the  senate  had  been  conceded,  the  one 
™glo  element  of  opposition  disappeared.  Tlie  legis  ature  of 
Delaware  met  on  the  twenty-fourth  of  October,  and  foUow- 
ng     the  sense  and  desire  of  great  numbers  of  the  people  of 

actopted  speedy  measures  to  call  together  a  convention  "  t 
The  constituent  body,  which  met  at  Dover  in  the  firs't  week 
of  December,  encountered  no  difficulty  but  how  to  find  lan- 
guage strong  enough  to  e.xpress  their  joy  in  what  had  been  done, 
shte  ftdlvte       "^  '/•"'"".°'  ""  P^°P"°  °*  ^l'"  OeWo 

ted,  ad  confirmed  the  federal  constitution,"  to  which  they 
all  on  the  jicxt  day  subscribed  their  names.*  ^ 

•  Iniiopemlcnt  Gajtttcor,  6  December,  1  J8». 

J  I.a»s  of  Dck^aio,  page  892,  in  cdilioa  of  1 797. 

t  Packet,  17  November  17S7. 

*•  Journaid  of  Uongrosa,  iv.    Appendix,  46. 


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390      TUE  yiATES  RATIFY  THE  CONSTITUTION,  n.  iv.;  cu.  ji. 

When  it  becamo  known  that  Delaware  was  leading  the 
way  at  the  head  of  the  grand  procession  of  the  thirteen  states, 
McKean,  on  Monday,  the  tenth  of  December,  announced  to 
the  Pennsylvania  convention  that  ho  should  on  the  twelfth 
press  tlio  vote  for  ratification. 

On  the  next  day  Wilson  summed  up  his  defence  of  the  con- 
stitution, and  repeated :  "  This  system  is  not  a  compact ;  1 
cannot  discern  the  least  trace  of  a  compact ;  the  introduction 
to  the  work  is  not  an  unmeaning  flourish ;  the  system  itself 
tells  you  what  it  is,  an  ordiiiance,  an  establishment  of  the  peo- 
ple." *  The  opposition  followed  the  line  of  conduct  marked 
out  by  the  opposition  in  Virginia.  On  the  twelfth,  before  the 
question  for  ratification  was  taken,  Whitehill  presented  peti- 
tions from  seven  hundred  and  fifty  inhabitants  of  Cumberland 
county  against  adopting  the  constitution  without  amendments, 
and  particularly  without  a  bill  of  rights  to  secure  liberty  in 
matters  of  religion,  trial  by  jury,  the  freedom  of  the  press,  the 
sole  power  in  the  individual  states  to  organize  the  militia ;  the 
repeal  of  the  executive  power  of  the  senate,  and  consequent 
appointment  of  a  constitutional  council ;  a  prohibition  of  re- 
pealing or  modifying  laws  of  the  United  States  by  treaties; 
restrictions  on  the  federal  judiciary  power;  a  confirmation  to 
the  several  states  of  their  sovereignty,  with  every  power,  juris- 
diction, and  right  not  expressly  delegated  to  the  United  States 
in  congress  assembled.  In  laboring  for  this  end,  he  showed  a 
concert  with  the  measure  which  Mason  and  Randolph  had  pro- 
posed in  the  federal  convention  and  Richard  Henry  Lee  in 
congress,  and  which  led  the  Virginia  legislature  on  that  ver 
day  to  pass  the  act  for  communicating  with  sister  states.f 

The  amendments  which  Whitehill  proposed  were  not  suf- 
fered to  be  entered  in  the  journal.  11  is  motion  was  rejected 
by  forty-six  to  twenty-three;  and  then  the  new  constitution 
was  ratified  by  the  same  majority. 

On  Thursday  the  convention  marched  in  a  procession  to  the 
court-house,  where  it  proclaimed  the  ratification.  Returning 
to  the  place  of  meeting,  the  forty-six  subscribed  their  names 
to  their  act.  The  opposition  were  invited  to  add  their  names 
as  a  fair  and  honorable  acquiescence  in  the  principle  that  the 

*  Elliot,  ii.,  497,  499.  f  Ilening,  xii.,  403. 


D.  IV.;  cu.  II. 


1787.  THE  CONSTITUTION   IN  NEW  JERSEY.  891 

ninjority  should  govoni.  Jol.n  Harris  refused,  yet  held  liluiself 
bound  by  the  decision  of  tho  majority.  Smilio  answered: 
My  hand  shall  never  give  the  lie  to  my  heart  and  tongue." 
Iwenty-oneof  tho  minority  signed  an  exceedingly  long  address 
to  their  constituents,  complaining  that  tho  extent  of  tho  country 
did  not  admit  of  tho  proposed  form  of  government  without 
danger  to  liberty;  and  that  tho  powers  vested  in  congress 
would  lead  to  an  iron-handed  despotism,  with  unlimited  con- 
trol of  tho  purse  and  the  sword. 

Tho  ratification  gave  unbounded  satisfaction  to  all  Penn- 
fiylvania  cast  of  tho  Susquehamia ;  beyond  that  river  loud  mur- 
murs were  mingled  with  threats  of  resistance  in  arms.  On 
tho  hfteenth  the  convention  dissolved  itself,  after  offering  a 
permanent  and  a  temporary  seat  of  government  to  the  United 
States. 

The  population  of  New  Jersey  at  that  time  was  almost  ex- 
clusively niral;  in  the  west  chiefly  the  descendants  of  Quak- 
ers, m  tho  east  of  Dutch  and  Scottish  Calvinists.  This  in- 
dustrious,  fnigal,  and  pious  people,  little  agitated  by  political 
disputes,  received  the  federal  constitution  with  joy,  and  tho 
consciousness  that  its  own  sons  had  contributed  essentially  to 
its  formation.* 

On  the  twenty-sixth  of  October  its  legislature  called  a  state 
convention  by  a  unanimous  vote.     On  tho  eleventh  of  Decem- 
ber the  convention  of  New  Jersey,  composed  of  accomplished 
civilians,  able  judges,  experienced  generals,  and  fair-minded, 
intelligent  husbandmen,  assembled  in  Trenton.     The  next  day 
was  spent  in  organizing  tho  house,  all  the  elected  members 
being  present  save  one.     John  Stevens  was  chosen  president 
by  ballot ;  Samuel  Whitham  Stockton,  secretary.     The  morn- 
ing began  with  prayer.     Then  with  open  doors  "the  convention 
proceeded  to  read  the  federal  constitution  by  sections,  giving 
opportunity  for  debates  and  for  votes  if  called  for;  and,  after 
a  week's  deliberation,  on  Tuesday,  the  eighteenth,  determined 
unanimously  to  ratify  and  confirm  the  federal  constitution. 
A  committee,  on  which  appear  the  names  of  Brearloy,  a  mem- 
ber of  the  federal  convention,  AYitherspoon,  Neilson,  Beatty, 
former  members  of  congress,  was  appointed  to  draw  up  the 

*  renn.  Journal,  7  November  1T87. 


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if 


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tu 


392      THE   STATES  RATIFY  THE  CONSTITUTION-,  b.  iv.  ;  ch.  ir. 

form  of  the  ratification ;  and  the  people  of  the  Ptate  of  New 
Jersey,  "  by  the  unanimous  consent  of  the  members  present, 
agreed  to,  ratiiied,  and  confirmed  the  proposed  constitution 
and  every  part  thereof."  * 

On  the  next  day,  tlie  resolve  for  ratification  having  been 
engrossed  in  duplicate  on  parchment,  one  copy  for  the  con- 
gress of  the  United  States  and  one  for  the  archives  of  the  state, 
every  member  of  the  convention  present  subscribed  his  name. 
In  the  shortest  possible  time,  Delaware,  Pennsylvania,  and 
New  Jersey,  the  three  central  states,  one  by  a  majority  of  two 
thirds,  the  others  unanimously,  accepted  the  constitution. 

The  union  of  the  central  states  was  of  the  best  omen.    Be- 
fore knowing  their  decision,  Georgia  at  the  extreme  south  had 
independently  taken  its  part ;  its  legislature  chanced  to  be  in 
session  when  the  message  from  congress  arrived.     All  its  rela- 
tions to  the  United  States  were  favorable ;  it  was  in  possession 
of  a  territory  abounding  in  resources  and  large  enough  to  con- 
stitute an  empire ;  its  people  felt  the  need  of  protection  against 
Spain,  which  ruled  along  their  southern  frontier  from  the 
Mississippi  to  the  Atlantic,  and  against  the  savages  who  dwelt 
in  their  forests  and  hung  on  the  borders  of  their  settlements. 
A  convention  which  was  promptly  called  met  on  Christmas- 
day,  with  power  to  adopt  or  reject  any  part  or  the  whole  of  the 
proposed  constitution.     Assembled  at  Augusta,  its  members 
finding  themselves  all  of  one  mind,  on  the  second  day  of  the' 
new  year,  unanimously  for  themselves  and  for  the  people  of 
Georgia,  fully  and  entirely  assented  to,  ratified,  and  adopted 
the  proposed  constitution.     They  hoped  that  their  ready  com- 
pliance would  "  tend  to  consolidate  the  union  "  and  "  promote 
the  happiness  of  the  common  country."     The  completing  of 
the  ratification  by  the  signing  of  the  last  niinie  was  announced 
by  a  salute  of  thirteen  guns  in  token  of  faith  that  every  state 
would  accede  to  the  new  bonds  of  union.f 

*  Pcnn.  Journal  and  Penn.  Packet,  22  and  29  December. 
f  Stevens,  History  of  Georgia,  ii.,  887. 


i 


1787-1788.    THE  OOxVSTITUTION  IN  OONNEOTIOUT. 


893 


*!'  ,H?:i!! 


CHAPTER  III. 

THE   COKSTirnHON  I^   CONKECHCUT   AKD   MASSACHUSETTS. 

Fkom  2G  September  1787  to  6  Febkuart  1788. 
OIMwort"^  ^^^-  S^-""-  and 

ancettat  tl.e  "  addUional  powl  vLw  in '^  ^™  '"^^  ''™'- 
o.y  to  ™atte.  -pectingToTojri  "Cf JeU^lt' 
and  were  specially  defined;  so  that  the  partiX  states  r^' 

amed  he;r  sovereignty  in  all  other  matte™."*  "V^ 
on  the  eg,slatnres  of  the  several  states  respecting  emiHS  MI 
of  credrt  making  anything  bnt  money  a  tender  1^"™!*". 
debts,  or  .mpairing  the  obligation  of  LtJsCIpZZl 

a?:te~bf  a&r  "  "'"  ^^  "'  "^  ''^''^  ""'«-- 

SL'r^'::n;i::;<:^.hfs:r  T^  r*^^-  r™""* 

«^daM  the  present  hlKfficJr    onrg~lf": 
I'dges  of  it,  courts;  "ministers  of  the  Gospel -'Tnd'    i 
-xty  who  had  fonght  for  independenel    Z Ltie"  t  tad'^ 
Bpecal  .nterest  in  ratifying  the  constitntion ;  tret^romise 

*  Compare  the  remark  of  Wilson,  mpra.  385.  386 

t  iiihot,  i.,  401.  4\)'2  +  If  A-      ■  .     ' 

f    ,  «^i,  -t^ji.  I  Madison,  i,,  359. 


•1^ 


'i 


i 


■1 


hV 


;h 


li 


'1 


, I  i',- 


t.'ii 


^llllj 


^!]||'i|lj 


4    ,  * 


89i    THE  STATES  RATIFY   THE   (X^NSTITUTION.  ii.  iv. ;  oii.  iii. 

rc(iuir'mg  for  acts  of  legislation  a  majority  of  tho  states  and  a 
majority  of  the  representatives  of  the  people  had  p"cvailed 
througli  it>s  own  delegates. 

In  .lannary  1788,  the  convention,  having  been  organized  in 
the  Btate-hoii^^y  in  Hartford,  moved  innnedlately  to  tho  North 
]\Iecting  House,  where,  in  the  presence  of  a  multitude,  the 
constitution  Wiia  read  and  debated  section  by  section,  under  an 
ajjrcement  that  no  vote  should  be  taken  till  the  whole  of  it 
should  have  been  considered.* 

On  the  fourth,  Oliver  KUsworth  explained  the  necessity  of 
a  federal  govermneni  for  tho  national  defence,  for  tho  manage- 
ment of  foreign  relations,  for  preserving  peace  between  the 
states,  for  giving  energy  to  the  public  administration,  lie 
])ointcd  out  that  a  state  like  Connecticut  was  specially  benefited 
by  tho  restraint  on  separate  states  from  collecting  duties  on  for- 
eign importations  made  through  their  more  convenient  harbors. 

Johnson  added:  While  under  tho  confederation  states  in 
their  political  capacity  could  bo  coerced  by  nothing  but  a  mili- 
tary force ;  tho  constitution  introduces  tho  mild  and  equal 
energy  of  magistrates  for  the  execution  of  the  laws.  "  By  a 
signal  intervention  of  divino  providence,  a  convention  from 
states  differing  in  circumstances,  interests,  and  manners,  have 
harmoniously  adopted  one  grand  system ;  if  wo  reject  it,  our 
national  existence  must  come  to  an  end."  f 

Tho  grave  and  weighty  men  who  listened  to  him  approved 
his  words ;  but  when  the  paragraph  which  gave  to  the  general 
government  the  largest  powers  of  taxation  was  debated,  James 
Wadsworth,  who  had  served  as  a  general  officer  in  the  war, 
objected  to  duties  on  imports  as  partial  to  the  southern  states. 
"  Connecticut,"  answered  Ellsworth,  "  is  a  manufacturing  state ; 
it  already  manufactures  its  implements  of  husbandry  and  half 
its  clothes."  Wadsworth  further  objected,  that  authority  which 
unites  the  power  of  the  sword  to  that  of  the  purse  is  despotic. 
Ellsworth  replied  :  "  The  general  legislature  ought  to  have  a 
revenue ;  and  it  ought  to  have  power  to  defend  the  state  against 
foreign  enemies;  there  can  be  no  government  without  the 
power  of  the  purse  and  the  sword."  "  So  well  guarded  is  this 
constitution,"  observed  Oliver  Wolcott,  then  lieutcnant-gov- 

*  Pcnn.  Packet  for  18  January  1T88.  f  Pena.  Packet,  24  January  1788 


I.  IV. ;  oil.  III. 

(iites  iuul  a 
I   p"ovailcd 

I'ganizcd  in 
tlio  Nortli 
titiulo,  tlio 
1,  undor  an 
,'1k)1o  of  it 

icccBsity  of 
1 10  nianagc- 
etwcen  tlio 
atioii.  ITo 
y  bencfitod 
tics  on  for- 
snt  harbors, 
n  states  in 
but  a  mili- 
and  equal 
;s.  "  By  a 
tition  from 
iners,  have 
j'cct  it,  our 

1  approved 
the  general 
ted,  James 
n  the  war, 
lern  states, 
iring  state ; 
y  and  half 
»rity  which 
8  despotic. 
;  to  have  a 
;ato  against 
ithout  the 
•dcd  is  this 
;enant-gov- 

Tanuary  1788 


1787-1788.    THE  CONSTITUTION  IN  CONNECTICUT.  395 

ernor,  "it  seems  impossible  tliat  tlie  rights  either  of  tlio  states 
or  of  the  people  should  be  destroyed."  AVhen  on  the  ninS 
the  vote  was  taken,  one  hundred  and  twenty-eight  appeared 
for  the  constitution ;  forty  only  against  it  *  ^  ^ 

The  people  received  with  delight  the  announcement  of  this 
grea  majority  of  more  than  three  to  one;  at  the  next  election 
the  "wrong-headed"  James  Wadsworth  was  left  out  of  the 
governmen  ;  and  opposition  grew  more  and  more  faint  till  it 
wholly  died  away. 

Tho  country  from  tho  St.  Croix  to  tl.o  St.  M„rf',  now  fixed 
-t,  a  t™t.ou  ou  MasBacLuBotts,  wI,o™  advo«o  dociln  wouIdTn 
ovtably  ,„volve  tl.o  dofoat  of  tl.o  constitution.     Tl.o  r„. 
tafvos  «t  that  great  sbito,  «■!,„  camo  together  on  tho  seven 
teeutl.  of  October,  had  been  ehoaen  undcf  the  inle    e  rfZ 
..cent  .„.u..rect.on  ,  a,.d  the  eouBtitution,  bad  it  been  submit 
ted  to  the.r  judg.nent,  would  have  been  rejocted.t    In  com 
n.un.ea,.,.g  ,t  to  tl.e  general  court,  the  governor  most  wiX 
avoided  i„-ovo^...,g  a  discussion  on  its  me.-its,  and  si.nj.ly  recom 
.ne..dcd  ,  is  reforenee  to  a  convention  from  regard  to'tlfo  worft 
of  .ts  autbo.^  andtbcr  nnanimity  on  questions  affecting  tbo 
prosper,ty  of  the  nat.on  and  the  complicated  rigl.ts  of  each 
separate  state.  ^  ^ 

Following  his  recommendation  with  exactness,  tlie  senate, 
of  which  Samue  Adams  was  president,  promptly  adopted  a 
resolve  to  refer  the  new  constitution  to  a  convention  of  the 
commonwealth.  On  motion  of  Theophilus  .Parsons,  of  New- 
buryport,  a  lawyer  destined  to  attain  in  his  state  the  highest 
professional  honors,  the  resolve  of  the  senate  Avas  opened  in 
tJie  house.     Spectators  crowded  the  galleries  and  the  floor.. 

*  rcnn.  Packet,  24  January  1788. 
t  n.  Lincoln  to  Wnsliington,  Boston,  19  March  1788 

;  Tho  cond..ct  of  Hancock  in  support  of  tho  constitution  was  from  brmnnJntr 
crul  00ns  stent;  and  so  wiso  that  tho  afterthought  of  the  .ost  .mmZt' 

known  Hancock  long  and  well,  in  a  letter  to   Madison  of  27  Januar    1738     ho 
darkest  hour,  places  Hancock  and  Howdoin  foremost  in  tho  list  of      e  mante 
0    the  cause  of  the  constitution,  naming  them  with  equal  confidence      Hancock 

nowT  ;:?"""""'  '"  "^""^'*-^'  -»^'-— ".  and  others  maTh^v    let    .t 
now  t    t  they  too  saw,  how  much  the  support  of  the  constitution  would  strelheu 

—  i._ivwi!!i),  „,l^J  ji^j  iiciinuivcly  retired. 

VOL.  VI.— 27 


I 
11 


I      ' 
I 


ill 


i 


t  ('■ 


i    ' 


i  I 


I.I     '  " ■   «  '  9B  < 


■■!     I 


396    THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv.  ;  cii.  m. 

Signs  of  a  warm  opposition  appeared  ;  tlio  right  to  supersede 
the  old  confederation  was  denied  alike  to  the  convention  and 
to  the  people ;  the  adoption  of  a  new  constitution  hy  but  nine 
of  the  tliirteen  states  would  be  the  breach  of  a  still  valid  com- 
pact. An  inalienable  power,  it  was  said  in  reply,  resides  in 
the  people  to  amend  their  form  of  government.  An  array  of 
parties  was  avoided ;  and  with  little  opposition  a  convention 
was  ordered. 

The  choice  took  place  at  a  moment  when  the  country  peo- 
ple of  Massachusetts  were  bowed  down  by  cumulative  debts, 
and  quivering  in  the  agonies  of  a  suppressed  insurrection  ;  the 
late  disturbers  of  the  peace  were  scarcely  certain  of  amnesty ; 
ftud  they  knew  that  the  general  govennnent,  if  established, 
must  array  itself  against  violence.     The  election  resulted  in 
the  choice  of  at  least  eighteen  of  the  late  insurgents.     The  ni- 
ral  population  were  disinclined  to  a  change.     The  people  in 
the  district  of  Elaine,  which  in  territory  far  exceeded  Massa- 
chusetts, had  never  willingly  accepted  annexation  ;  the  desire 
for  a  government  of  their  own  outweighed  their  willingness 
to  enter  into  the  union  as  a  member  of  Massachusetts  ;  and  one 
half  of  their  delegates  were  ready  to  oppose  the  constitution. 
On  the  other  hand,  the  commercial  towns  of  Maine,  all  manu- 
facturers, men  of  wealth,  the  lawyers,  including  the  judges  of 
all  the  courts,  and  nearly  all  the  officers  of  the  late  army,  were 
in  favor  of  the  new  form  of  general  government.     The  voters 
of  Cambridge  rejected  Elbridge  Gerry  in  favor  of  Francis 
Dana ;  in  Beverly,  Nathan  Dane  was  put  aside  *  for  George 
Cabot ;  the  members  from  Maine  were  exactly  balanced ;  but 
of  those  from  Massachusetts  proper  a  majority  of  perhaps  ten 
or  twelve  M'as  opposed  to  the  ratification  of  the  constitution. 
Among  the  elected  were  King,  Gorham,  and  Strong,  who  had 
been  of  the  federal  convention  ;  the  late  and  present  governors, 
Bowdoin  and  Hancock ;  Heath  and  Lincoln  of  the  army ;  of 
rising  statesmen,  John  Brooks  and  Christopher  Gore ;  Tlie- 
ophilus  Parsons,  Theodore  Sedgwick,  John  Davis,  and  Fisher 
Ames;  and  about  twenty  ministers  of  various  religious  de- 
nominations.    So  able  a  body  had  never  met  in  Massachusetts. 
Full  of  faith  that  the  adoption  of  the  constitution  was  the 

*  Ind.  Gazetteer,  8,  9  January  1788. 


!  mM 


B.  IV. ;  oil.  in. 


1788. 


THE  CONSTITUTIOJ^  IX  M.ISSACIIUSETTS. 


397 
greatest  question  of  tho  no-n  fhr.  f,.  i      v  . 

™..M  1,0  among  tlicTu  nnlM  ,  "'»''™»;  »'>  "'at  tlicro 

in  action.  Tl  fy  oCo ^a  ""  "'' ,",'  """"="  ™'  """"'^""ty 
co„.o  tl,o  «oomi4^  r  :  :;:;;:-'''"  "^'-'""^"on  to  over' 
l.ad  clisciplino  and  concord  S,'^'    ^"  "  ™-'I«™-,  thoy 

an,,:rui^rorr^^^^^^^^^       «7-.  a.. 

i-toad  of  a  fodonU  nnio'n'of  sovl^g     t^TLf  ^7™! 
a  .tag„,„.sm  to  ((oor^o  Mason  and  Itfohan      ™  '     '     JT" 
always  approved  crantino-  to  fl„.  ~         ,       '"'"'^y  ''<=<'.  "o  had 

of  .-ogula'tLs  coni:::f    B    of  t"  fd^IT",'  f •"'  ?"'"' 
tions,  porhans  bofom  tl,„„  i    ,  j  V    .       ''™'"'''-'''  '''»  '"ten- 

of  tllo  indn  tr  Ic  Ur^        '         >-""'''  ""  '=°"'"""""» 
main  support  camo  tlln  «»*'".  wl.icli  I,ad  over  boon  his 

went  fo,!tLtt"ort,:^3:ir  /r:  "ri-'  ""'^  ^-^ 

tion  "  wonld  langni.,1,  and  "  sl-Tlf,l      i  "T"  """"  "  """ga- 
emigrato,"  so  tI,aT"ant  vot„  7    i   •«='=l«'"cs  be  compcllod  to 

adopting' it  won  d  bT^nlt  ^'tf '  V™"  ""f'""  '«»™' 
wisLos  of  tl.c  tradesmen  ofIC*-    *"'""»'«' ^«""g".  -d 

Jd  :nrToi^tiir  ?,:■  ^™:*"-""*  "■-  "-^^  «">-<'' 

men  of  Maine  thZltLV  "'^^Trhmg  and  prosperous 
ectts,  had  no  iX  wittTe  ,::r"""  '''?'"  ^^•™-'"- 
conntry  pooplo/tl^h  tl7ey  co  ,d  :1  ."""'r''''", '  ""''  «"= 
custom  tlieir  minds  to  untZl?       •  ?  ^  ^  ''"'''  '^''e'^'=»  ■«=- 

-or  wavered  int^att::  7^ :r  Tt:e'"'""^' 
^     Jl     cnts  roughly,  the  fedorahsts  of  Massachusetts  re- 

«"bject.  •  - -TCC  and  C.  IIa!c.     Tno  boBt  collection  on  tho 


k  i 


If    ' 


? 

,    i    1 

i 

I*' 


■irf  §; 


398     THE  STATES  RATIFY  THE  CONSTITUTIOIT.  b.  iv.  ;  on.  m. 

solved  never  in  debate  to  fail  in  gentleness  and  courtesy.  A 
motion  to  request  Elbridge  Gerry  to  take  a  seat  in  tlie  conven- 
tion, that  lie  miglit  answer  questions  of  fact,  met  no  objection ; 
and  lie  was  left  to  grow  sick  of  sitting  in  a  bouse  to  which  he 
had  failed  of  an  election,  and  in  whose  debates  he  could  not 
join.  On  motion  of  Caleb  Strong,  no  vote  was  to  be  taken  till 
the  debate,  which  assumed  the  fo.\-i  cl  a  free  conversation, 
should  have  gone  over  the  several  paragraphs  of  the  constitu- 
tion.* 

Massachusetts  had  instructed  its  delegates  in  tlie  federal 
convention  to  insist  on  the  annual  election  of  representatives ; 
Samuel  Adams  asked  why  they  were  to  be  chosen  for  two 
years.  Strong  explained  that  it  was  a  necessary  compromise 
among  so  many  states;  and  Adams  answered:  "I  am  satis- 
fied."*! This  remark  the  federal  leaders  entreated  him  to  re- 
peat ;  he  did  so,  when  all  gave  attention,  and  the  objection  was 
definitively  put  to  rest. 

Eeferring  to  the  power  of  congress  to  take  part  iu  regu- 
lating the  elections  of  senators  and  representatives,  Phineas 
Bishop  of  Kehoboth  proclaimed  "the  liberties  of  the  yeo- 
manry at  an  end."  It  is  but  "  a  guarantee  of  free  elections," 
said  Cabot.  "  And  a  security  of  the  rights  of  the  people," 
added  Theophilus  Parsons.  "  Our  rulers,"  observed  Widgery 
of  Maine,  "  ought  to  have  no  power  which  they  can  abuse." :{: 
«  All  the  godly  men  we  read  of,"  added  Abraham  ^liite  of 
Bristol,  "  have  failed ;  I  would  not  trust  a  flock,  though  every 
one  of  them  should  be  a  Moses." 

On  the  seventeenth  an  official  letter  from  Connecticut  an- 
nounced the  very  great  majority  by  which  it  had  adopted  the 
constitution ;  but  its  enemies  in  Massachusetts  were  unmoved. 
Samuel  Thompson  of  Maine  condemned  it  for  not  requiring 
of  a  representative  some  property  qualification,  saying :  "  Men 
who  have  nothing  to  lose  have  nothing  to  fear."  "  Do  you 
wish  to  exclude  from  the  federal  government  a  good  man  be- 
cause he  is  not  rich  ? "  asked  Theodore  Sedgwick.  "  The  men 
who  have  most  injured  the  countrj^,"  said  King,  "have  com- 
monly been  rich  men." 

On  the  eighteenth  the  compromise  respecting  the  taxation 

*  Elliot,  ii.,  3.  t  f '0™  ^^^^  ^'^^'^*  ^  ^'*'°*'  "■'  ^^' 


B.  IV. ;  on.  m. 


1788.  THE  CONSTITUTION  IN  MASSACHUSETTS.  399 

and  representation  of  slaves  was  cried  against.  Thomas  Dawes 
of  Boston  answered:  "Congress  in  the  year  1808  may  wholly 
prohibit  the  importation  of  them,  leaving  every  particular  state 
m  the  mean  time  its  own  option  totally  to  prohibit  their  intro- 
duction  into  its  own  tenitories.  Slavery  could  not  be  abol- 
iphed  by  an  act  of  congress  in  a  moment ;  but  it  has  received  a 
mortal  wound."  * 

On  the  nineteenth  a  farmer  of  "Worcester  county  com- 
plained :  "  There  is  no  provision  that  men  in  power  should 
have  any  religion ;  a  Papist  or  an  infidel  is  as  eligible  as  Chris- 
tians." John  Brooks  and  Parsons  spoke  on  the  other  side ; 
and  Daniel  Shute,  the  minister  of  Hingham,  said:  "No  con- 
ceivable advantage  to  the  whole  will  result  from  a  test."  Wil- 
liam Jones  of  Maine  rejoined:  "It  would  be  happy  for  the 
United  States  if  our  public  men  were  to  be  of  those  who  have 
a  good  standing  in  the  church."  Philip  Payson,  the  minister 
of  Chelsea,  retorted :  "  Human  tribunals  for  the  consciences  of 
men  are  impious  encroachments  upon  the  prerogatives  of  God. 
A  religious  test,  as  a  qualification  for  office,  would  have  been  a 
great  blemish." 

William  Jones  of  Maine  objected  to  the  long  period  of 
office  for  the  senators.  "  One  third  of  the  senators,"  observed 
Fisher  Ames,  "  are  to  be  introduced  every  second  year ;  the 
constitution,  in  practice  as  in  theory,  will  be  that  of  a  federal 
republic."  "We  cannot,"  continued  Jones,  "recall  the  sena- 
tors." "  Their  duration,"  answered  King,  "  is  not  too  long  for 
a  right  discharge  of  their  duty." 

^  ^  On  the  twenty-first,  King  explained  the  nature  of  the  tran- 
sition t  from  a  league  of  states  with  only  authority  to  make 
requisitions  on  each  state,  to  a  republic  instituted  by  the  peo- 
ple with  the  right  to  apply  laws  directly  to  the  individual 
members  of  the  states.  He  showed  that  without  the  power 
over  the  purse  and  the  sword  no  government  can  give  security 
to  the  people ;  analyzed  and  defended  the  grant  of  revenue 
alike  from  indirect  and  direct  taxes,  and  insisted  that  the  pro- 
posed constitution  is  the  only  efficient  federal  government  that 
can  be  substituted  for  the  old  confederation. 

Thomas  Dawes  of  Boston  defended  the  power  of  laying 


*  Elliot,  il..  41. 


t  Elliot,  ii.,  64-67. 


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400    THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv.  ;  oii.  in. 

imposts  and  excises  in  this  wise :  "  For  want  of  general  laws  of 
prohibition  through  the  union,  our  coasting  trade,  our  whole 
commerce,  is  going  to  ruin.     A  vessel  from  Halifax  with  its 
fish  and  whalebone  finds  as  heai'ty  a  welcome  at  the  southern 
ports  as  though  built  and  navigated  and  freighted  from  Salem 
or  Boston.     South  of  Delaware  three  fourths  of  the  exports 
and  three  fourths  of  the  returns  are  made  in  British  bottoms. 
Of  timber,  one  half  of  the  value — of  other  produce  shipped 
for  London  from  a  southern  state,  three  tenths — go  to  the  Brit- 
ish carrier  in  the  names  of  freight  and  charges.     This  is  money 
which  belongs  to  the  New  England  states,  because  we  can  fur- 
nish the  ships  much  better  than  the  British.    Our  sister  states  are 
willing  that  these  benefits  should  be  secured  to  us  by  national 
laws ;  but  we  are  slaves  to  Europe.     We  have  no  uniformity 
in  duties,  imposts,  excises,  or  prohibitions.     Congress  has  no 
authority  to  withhold  advantages  from  foreigners  in  order  to 
obtain  reciprocal  .Id vantages  from  them.     Our  manufacturers 
have  received  no  encouragement  by  national  duties  on  foreign 
manufactures,  and  they  never  can  by  any  authority  in  the  con- 
federation.    The  very  face  of  our  country,  our  numerous  falls 
of  water,  and  places  for  mills,  lead  to  manufactures :  have  they 
been  encouraged  ?    Has  congress  been  able  by  national  laws  to 
prevent  the  importation  of  such  foreign  commodities  as  are 
made  from  such  raw  materials  as  we  ourselves  raise?    The 
citizens  of  the  United  States  within  the  last  three  years  have 
contracted  debts  with  the  subjects  of  Great  Britain  to  the 
amount  of  near  six  millions  of  dollars.     If  we  wish  to  en- 
courage our  own  manufactures,  to  preserve  our  own  conunerce, 
to  raise  the  value  of  our  own  lands,  we  must  give  congress  the 
powers  in  question."  * 

Every  day  that  passed  showed  the  doubtfulness  of  the  con- 
vention. "  The  decision  of  Massachusetts  either  way,"  wrote 
Madison  from  congress,  "  will  involve  the  result  in  New  York," 
and  a  negative  would  rouse  the  minority  in  Pennsylvania  to  a 
stubborn  resistance.  Langdon  of  New  Hampshire,  and  men 
from  Newport  and  Providence  who  came  to  watch  the  course 
of  the  debates,  reported  that  New  Hampshire  and  Ehode 
Island  would  accept  the  constitution  should  it  be  adopted  by   . 

*  Elliot,  ii.,  57-60. 


r-  < 


1788.  THE  CONSTITUTION  IN  MASSACHUSETTS.  401 

Massachusetts.     Gerry,  under  the  influence  of  Kichard  Henry 
Lee,  had  written  a  letter  to  the  two  houses  of  Massachusetts, 
insinuating   that  the  constitution  needed   amendments,  and 
should  not  be  adopted  till  they  were  made.     These  same  sug- 
gestions had  been  circulated  throughout  Virginia,  where,  as 
has  abeady  been  related,*  Washington  threw  himself  into 'the 
discussion  and  advised,  as  the  only  true  policy,  to  accept  the 
constitution  and  amend  it   by    the  methods  which  the  con- 
stitution itself  had  established.     The  letter  in  which  he  had 
given  this  advice  reached  Boston  in  season  to  be  published  in 
the  Boston  "Centinel"  of  the  twenty- third  of  January.     In 
the  convention  the  majority  still  seemed  adverse  to  the  consti- 
tution.    To  win  votes  from  the  ranks  of  its  foes,  its  friends, 
following  the  counsels  of  Washington,  resolved  to  combine 
with  its  ratification  a  reconmiendation  of  amendments.     For 
this  end  Bowdoin  and  Hancock,  Theophilus  Parsons  and  Gor- 
ham,  Samuel  Adams,  Heath,  and  a  very  few  other  resolute  and 
trusty  men,  matured  in  secret  council  a  plan  of  action.f 

Meantime  Samuel  Thompson  could  see  no  safety  but  in  a 
bill  of  rights.  Bowdoin  spoke  at  large  for  the  new  govern- 
ment with  its  ability  to  pay  the  public  debts  and  to  regulate 
commerce.  "Power  inadequate  to  its  object  is  worse  than 
none  ;  checks  are  provided  to  prevent  abuse.  The  whole  con- 
stitution is  a  declaration  of  rights.  It  will  complete  the  tem- 
ple of  American  liberty,  and  consecrate  it  to  justice.  May 
this  convention  erect  Massachusetts  as  one  of  its'pillars  on  the 
foundation  of  perfect  union,  never  to  be  dissolved  but  by  the 
dissolution  of  nature."  X 

Parsons  recapitulated  and  answered  the  objections  brought 
against  the  constitution,  and  closed  his  remarks  by  saying :  "  An 
increase  of  the  powers  of  the  federal  constitution  by  usurpa- 
tion will  be  upon  thirteen  completely  organized  legislatures 
having  means  as  well  as  inclination  to  oppose  it  successfully. 
The  people  themselves  have  power  to  resist  it  without  an  ap- 
peal to  arms.  An  act  of  usurpation  is  not  law,  and  therefore 
is  not  obligatory ;  and  any  man  may  be  justified  in  his  resist- 
ance. Let  him  be  considered  as  a  criminal  by  the  general 
*  Sec  page  380  of  this  volume, 
t  King  to  Madison,  quoted  in  Madison's  Writings,  i.,  STS.     $  Elliot,  ii.,  80-88. 


]V' 


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402     THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv. ;  cii.  m. 

government ;  liis  own  fellow-citizens  are  his  jury  ;  and  if  they 
j)ronounco  him  innocent,  not  all  the  powers  of  congress  can 
hurt  him."  * 

On  the  morning  of  the  twenty-fourth,  Nason  of  Maine 
nn  implacable  enemy  of  the  constitution,  proposed  to  cease 
its  discussion  hy  paragraphs  so  as  to  open  the  whole  question. 
This  attempt  "  to  hurry  the  matter "  was  resisted  by  Sanmel 
Adams  in  a  speech  so  elfectivc  that  the  motion  waa  negatived 
without  a  division. 

On  the  next  day  Amos  Singlotary  of  Sutton,  a  husband- 
man venerable  from  ago  and  from  patriotic  service  from  the 
very  beginning  of  the  troubles  with  England,  resisted  the  con- 
stitution as  an  attempt  to  tax  and  bind  the  people  in  all  cases 
whatsoever. 

Jonathan  Smith  of  Lancsborough,  speaking  to  men  who 
like  himself  followed  the  plough  for  their  livelihood,  began  a 
reply  by  arguments  drawn  from  the  late  insurrection,  when  he 
was  called  to  order.  Samuel  Adams  instantly  said  with  au- 
thority :  "  The  gentleman  is  in  order ;  let  him  go  on  in  his  own 
M-ay."  The  "  plain  man  "  then  proceeded  in  homely  words  to 
show  that  farmers  in  the  western  counties,  in  their  great  dis- 
tress during  the  insurrection,  would  have  been  glad  to  snatch 
at  anything  like  a  government  for  protection.  "  This  constitu- 
tion," he  said,  "  is  just  such  a  cure  for  these  disordei-s  as  we 
wanted.     Anarchy  leads  to  tyranny." 

Attention  was  arrested  by  the  clause  on  the  slave-trade. 
"  My  profession,"  said  James  Neal  of  Maine,  "  obliges  mo  to 
bear  witness  against  anything  that  favors  making  merchandise 
of  the  bodies  of  men,  and  unless  this  objection  is  removed  I 
cannot  put  my  hand  to  the  constitution."  "  Shall  it  be  said," 
cried  Samuel  Thompson,  "  that  after  we  have  established  our 
own  independence  and  freedom  we  make  slaves  of  others? 
How  has  Washington  immortalized  himself !  but  he  holds  those 
in  slavery  who  have  as  good  a  right  to  be  free  as  he  has."  Dana 
and  Samuel  Adams  rejoiced  that  a  door  was  to  be  opened  for 
the  total  annihilation  of  the  slave-trade  after  twenty  years ;  but 
hatred  of  slavery  influenced  the  linal  vote.f 

On  the  morning  of  the  thirty-first  of  January,  Hancock, 
*  Elliot,  ii.,  94.  f  Elliot,  il,  107,  12P. 


ihmm- 


.  IV. ;  cii.  III. 


1788.  THE  CONSTITUTION  IN  MASSAOIIUSETTS.  403 

wlio  till  then  had  been  kept  fro.n  hl.s  place  by  painful  illness, 
took  the  chair,  and  the  concerted  movement  began.  Convcr- 
Bat.on  canio  to  an  end;  and  Parsons  proposed  "that  the  con- 
vention do  assent  to  and  ratify  the  constitution."*  Heath 
suggested  that  in  ratifying  it  they  should  instruct  their  mem- 
bei-s  of  congress  to  endeavor  to  provide  proper  checks  and 
guards  n,  some  of  its  paragraphs,  and  that  the  convention 
should  correspond  witii  their  si.ster  states,  to  request  their  con- 
currencc."f  ^ 

Hancock  then  spoke  earnestly  for  the  necessity  of  adopting 
the  proposed  form  of  government;  and  brought  forward  nine 
general  amendments.  Taken  from  the  letters  of  Richard 
Henry  Lee,  the  remonstrance  of  the  minority  in  Pennsylvania, 
and  the  objections  made  in  the  Massachusetts  debates,  « thev 
were  the  production  of  the  federalists  after  mature  delibera- 
tion,  and  were  clad  in  terse  and  fittest  words,  which  revealed 
the  workmanship  of  Parsons.  "  All  powers  not  expressly  dele- 
gated  to  congress,"  so  ran  the  most  important  of  them,  «  are 
reserved  to  the  several  states." 

"I  feel  myself  happy,"  thus  Samuel  Adams  addressed  the 
chair    'in  contemplating  the  idea  that  many  benefits  will  re- 
suit  from  your  Excellency's  conciliatory  proposition  to  this 
commonwealth  and  to  the  whole  United  States.     The  obice- 
tions  made  to  this  constitution  as  far  as  Virginia  arc  similar 
I  have  had  my  doubts ;  other  gentlemen  have  had  theirs  ;  the 
proposition  submitted  will  tend  to  remove  such  doubts,  and 
conciliate  the  minds  of  the  convention  and  of  the  people  out- 
ot-doors.     The  measure  of  Massachusetts  will  from  her  impor- 
tance  have  the  most  salutary  effect  in  other  states  where  con- 
ventions have  not  yet  met,  and  throughout  the  union.     The 
people  should  be  united  in  a  federal  government  to  withstand 
the  common  enemy  and  to  preserve  their  rights  and  liberties; 
1  should  fear  the  consequences  of  large  minorities  in  the  sev- 
eral states. 

"The  article  which  empowers  congress  to  regulate  com- 
merce and  to  form  treaties  I  esteem  particularly  valuable  For 
want  of  this  power  in  our  national  head  our  friends  are 
grieved ;  our  enemies  insult  us ;  our  minister  at  the  court  of 


*  Elliot,  ii.,  120. 


f  Elliot,  ii.,  122. 


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404    TIIK  STATES  KATIFY  THE  CONSTITUTIOX.  n.iv.;oH.nr. 

London  Is  a  clplior.  A  power  to  rcmiHly  tliirt  evil  hIiouIU  bo 
givi'ii  to  coii-jros^i,  nnd  {ipi)lio(l  ua  booh  an  poMHihlo.  I  movo 
that  tlio  piipcr  r(>ad  I>y  your  Kxcolloncy  bo  now  taken  into  cou- 
sidonitioii.'"  •* 

Saniiu'l  Adams,  on  tlio  liivst  day  of  Kobruary,  invited  nuMn- 
bcj-s  to  propose  Btili  fnrthcT  aiiioiubniMitH;  but  Nitson  of 
JVIaine,  (1k'  foroniost  in  ojjposition,  Htubboridy  rofuHud  to  tako 
])art  in  t^npportin*,'  a  constitution  whicii,  they  said,  "dobtroycd 
tho  sovort'i'ijnty  of  Arassachusotts."  f 

^  Tho  measure  was  roferrod  to  a  committco  formed  on  tho 
princ'iplo  of  8uluctin«,'  from  eaeli  county  ono  of  its  friends  and 
one  of  its  o[)ponents ;  l)nt  as  both  of  tho  two  dele;,'ates  from 
Dukes  county  were  federalists,  only  one  of  thenv  took  a  i)laco 
in  the  conunitteo.  Thirteen  of  its  members  were  federalists 
from  the  beginning,'.  At  the  decision,  tho  committee  consisted 
of  twenty-four  members;  ono  absented  himself  and  ono  do- 
clined  to  vote;  ko  that  in  the  afternoon  of  Monday,  tho  fourth 
of  February,  JJowdoin  as  chairman  of  tho  conunitteo  could  ro- 
l>ort  its  ai)proval  of  the  constitution  with  tho  reconnnendation 
of  amendments  by  a  vote  of  fifteen  to  Kovcn. 

^  At  this  result  oi)position  llared  anew.     Thomas  Lusk  of 
AVest  Stockbridf;e  revived  complaints  of  the  Blavc-tradc,  and 
of  opening  the  door  to  i)opery  and  tho  incpiisition  by  dispens- 
ing with  a  religions  test.     But  Isaac  Backus,  the  Baptist  min- 
ister of  ]\[iddleboro]igh,  one  of  tlio  most  exact  of  Now  Eng- 
land historians,  replied  :  "  In  reason  and  tho  holy  Bcripturcs 
religion  is  ever  a  matter  between  God  aiid  individuals;  tho 
imposing  of  religious  tests  hath  been  tho  greatest  engine  of 
tyranny  in  tho  world."     Rebuking  the  importation  of  slaves 
with  earnestness,  he  trusted  in  the  passing  away  of  Blavory 
itself,  saying:  "Slavery  grows  inoro  and  more  odious  to  tho 
world." :{:     "  This  constitution,"  said  Fisher  Ames,  on  tho  fifth 

♦Elliot,  ii.,  123-125.  Let  no  one  be  misled  by  tho  vrovda  "conditional 
nmcndmonts  "  in  tho  report  of  Jlr.  Adams's  speech.  He  spoke  not  of  amend- 
mcnts  offered  as  tlie  condition  of  t!io  nccoptance  of  the  constitution  by  Massa- 
chusetts, hut  advised  that  ^Massachusetts  should  conn  n-t  with  its  ratification  a 
recommendation  of  amendments ;  the  ratification  to  l»o  valid  whatever  fate  miqlit 
await  the  amendments.  This  ia  exactly  the  proposition  concerted  between  Par- 
sons,  Hancock,  and  himself.  Uufus  King  to  Knox,  ii.  Drake's  Knox,  98. 
f  Elliot,  ii.,  IP.3,  134.  :J:  Elliot,  ii.,  148-151. 


\ 


.  IT.  J  oir.  III. 


1T88. 


THE  CONSTITUTION   IN  MASSACHUSETTS. 


4U2 
Jajr,  "«cm„,,:,rativc.Iy  purfoct ;  no  »ub»i«t;»K  govor,„„cnl  „o 

f ;;::;"'".";'  f'' ' ''"° "™''  ''^^"'  "f-  -"  i«-a,  1;,,"° 

.1  „,T    '  """"  e"van,m„„t  ,3  u  l,„a„tif„l  „t,.„c„r„ 

muatal    however   „,„„.  ,!,„  uakcj   Ix.™!,;  tl.o  uuiou  i»     ,0 
dllio  to  U:mM  out  t  ,0  Hood."  •  '"" 

John    Tiylor    of    Woreortur   county  ol.joetod    timt    tho 
...... nonts  „ngt  never  hoeou.o  a  jit  of\l,„  „y„te    ,  ,™J 

"oiiH,  m  Kiveri  to  eongroM  to  infriuKo  on  any  one  of  tlu, 
•"tu™ln«i.t»  of  tho  people;  „l.o„hl  they  atte.npt  „',,1  t 
eon.,  ,tut,onaI  an,  .ority,  the  aet  wouW  l,„  a  nnl  ity  L^tZ 

tiuu  c  t  Wh.teh.ll  ,u  the  eoMvention  of  I'ennKylvuiix  proooseJ 
..  ».Ijournn,...nt  of  the  eonvention   to  «on,e  futu.-e  '2'     A 

I0MK.U,,   u-arn,  conte.st  ensue,  1 ;  hut  Kanntel  A,l S'ful^ 

routed  the  motion,  and  of  the  three  hnn,lred  au,l  two    y-  i.o 

s::!;;:;:!:; '"™  """-"■ ''  -''^"-'^  ■""  --  • ^^^'^  ^ 

On  the  «..th  the  office  of  clo.sing  tho  debate  wa,  by  com- 

7i:z""Tr'"t,'v''""""' «"»'"-.  ^  Baptist  -m 

™l^  1  ^'"fl'l'l'-'f  "S  ""J  "-^Kl'i-K  the  arffun>ent,  of 
e.ch  mde,  ho  eau,  in  tho  words  of  a  statesman  of  Virginia- 
'<.!»«  to  the  ,m,on  as  the  rock  of  our  salvation,"  „n,l  ho  Bmii 
moned  ho  state  of  jra,,s„ehu.Hett»  "to  nr^e  Virginia  to  i, 3, 
the  salutary  work  which  hath  been  begun?"  f 

Uefere  pntthig  the  question,  Hancock  spoke  words  that 
were  remembered:  "I  give  my  a.,se„t  to  the  constitut  on  T„ 
full  conh.lence  that  tl,o  amendment.,  proposed  will  soon  b,! 

vdl  qu,etly  acquiesce  ,n  the  voice  of  the  nmjority,  ami,  where 
Ihey  see  a  want  of  perfection  in  tho  proposed  form  of  govern" 
mont  endeavor,  hi  a  eonstitntioual  w.ay,  to  h.avo  it  amended." 

Suffo  1°  '^"';  r  ?  ''*""'  *''°  """'*'">  "f  »*<=».  Essex, 
Suffolk,  .and  Plymouth,  and  in  Maine  of  Cumberland  and 

favo,  'f  ♦f  ^-nti™  that  touched  the  sea,  g..ve  majorities  in 
favor  of  the  consftut.on  ;  Middleso..  and  Bristol,  the  whole  of 
Massachusetts  to  the  west  of  them,  and  the  county  of  York  in 

•Ellio.,U.,lM-ll>0.  t  ElUo.,  ii.,  ,C1,  101  t  Elllol,  U„  ,C2,  170. 


"1'  r-WT^r-^^ 

t  11 

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406    THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv.  ;  ch.  hi. 


(mK"'1' 


u 


'  I 


Maine,  gave  majorities  against  it.     The  majority  of  Maine  for 
the  constitution  was  in  proportion  greater  than  in  Massachusetts. 

The  motion  for  ratifying  the  constitution  was  declared  to 
be  in  the  affinnative  by  one  hundred  and  eighty-seven  votes 
against  one  hundred  and  sixty-eight.*  The  bells  and  artillery 
announced  the  glad  news  to  every  part  of  the  to^^^l. 

AVith  the  declaration  of  the  vote,  every  symptom  of  per- 
sistent opposition  vanished.  No  person  even  wished  for  a 
protest.  The  convention,  after  dissolving  itself,  partook  of  a 
modest  collation  in  the  senate-chamber,  where,  merging  party 
ideas  in  mutual  congratulations,  they  all  "  smoked  the  calumet 
of  love  and  union."  "The  Boston  people,"  wrote  Knox  to 
Livingston,  "have  lost  their  senses  with  joy."t  The  Long 
Lane  by  the  meeting-house,  in  which  the  convention  held  its 
sessions,  took  from  thai  time  the  name  of  Federal  street.  The 
prevailing  joy  diffused  itself  through  the  commonwealth.  In 
J^ew  York,  at  noon,  men  hoisted  the  pine-tree  flag  with  an 
appropriate  inscription.  Six  states  had  ratified,  and  six  salutes, 
each  of  thirteen  guns,  were  fired. 

The  example  of  Massachusetts  was  held  worthy  of  imita- 
tion. "  A  conditional  ratification  or  a  second  convention,"  so 
wrote  Madison  to  Randolph  in  April,  "  appears  to  mo  utterly 
irreconcilable  with  the  dictates  of  pinidence  and  safety.  Rec- 
ommendatory alterations  are  the  only  ground  for  a  coalition 
among  the  real  federalists." :}: 

Jefferson,  while  in  congress  as  the  successor  of  Madison, 
had  led  the  way  zealously  toward  rendering  the  American 
constitution  more  perfect.  "  Tlie  federal  convention,"  so  he 
wrote  to  one  correspondent  on  hearing  who  were  its  members, 
"is  really  an  assembly  of  demigods;"  and  to  another:  "It 
consists  of  the  ablest  men  in  America."  lie  hoped  from  it  a 
broader  reformation,  and  saw  with  satisfaction  "  a  general  dis- 
position through  the  states  to  adopt  what  it  should  propose." 
To  Washington  he  soberly  expressed  the  opinions  from  which 
during  his  long  life  he  never  departed:  "To  make  our  states 
one  as  to  all  foreign  concerns,  preserve  them  several  as  to  all 

♦Elliot,  ii.,  174-176,  181. 

t  Knox  to  Livingston,  13  February  1788. 

t  Madison'8  Works,  i.,  3S6,  and  uonparc  376-379. 


i    ( 


B.  IV.  ;  CH.  III. 


1787-1789.    THE  CONSTITUTION  IN  MASSACHUSETTS.         407 

merely  domestic,  to  give  to  the  federal  head  some  peaceable 
mode  of  enforcing  its  just  authority,  to  organize  that  head 
mto  legislative,  executive,  and  judiciary  departments,  are  great 
desiderata."  * 

Early  in  November  Jefferson  received  a  copy  of  the  new 
constitution,  and  approved  the  great  mass  of  its  provisions.f 
But  once  he  called  it  a  kite  set  up  *,o  keep  the  hen-yard  in  or- 
der ;  j;  and  with  three  or  four  new  articles  he  would  have  pre- 
served  the  venerable  fabric  of  the  old  confederation  as  a  sacred 
rehc. 

To  Madison**  he  explained  himself  in  a  long  and  deliber- 
ate letter.    A  house  of  representatives  elected  directly  by  the 
people  he  thought  would  be  far  inferior  to  one  chosen  by  the 
state  legislatures;  but  he  accepted  that  mode  of  election  from 
respect  to  the  fundamental  principle  that  the  people  are  not  to 
bo  taxed  but  by  representatives  chosen  immediately  by  them- 
selves.    He  was  captivated  by  the  compromise  between  the 
great  and  smaller  states,  and  the  method  of  voting  in  both 
brandies  of  the  legislature  by  persons  instead  of  voting  by 
states ;  but  he  utterly  condemned  the  omission  of  a  bill  of 
rights,  and  the  abandonment  of  the  principle  of  rotation  in  the 
choice  of  the  president.     In  December  he  declared  himself  "  a 
friend  to  a  very  energetic  government ;"  for  he  held  that  it 
would  bo  "always  oppressive."    He  presumed  that  Yirginia 
would  reject  the  new  constitution ;  1|  for  himself  he  said:  "It 
is  my  principle  that  the  will  of  the  majority  should  prevail- 
if  they  approve,  I  shall  cheerfully  concur  in  the  proposed  con- 
stitution, 111  hopes  they  will  amend  it  whenever  they  shall  find 
that  it  works  Avrong."  a    In  February  1788  he  wrote  to  Madi- 
son (}  and  at  least  one  more  of  his  correspondents  •  "  I  ^-ish 
with  all  my  soul  that  the  nine  first  conventions  may  accept  the 
new  constitution,  to  secure  to  us  the  good  it  contains ;  but  I 
equally  wish  that  the  four  latest,  whichever  they  may  be  may 
refuse  to  accede  to  it  till  a  declaration  of  rights  be  annexed  • 
but  no  objection  to  the  nev,  form  must  produce  a  schism  in 

*  Jefferson,  i.,  849,  2C0,  140,  2G4,  250,  251. 

t  Jefferson,  i.,  19,  and  Vu,  68G.      J  Jefferson,  ii.,  325. 
t  Jefferson,  ii.,  S19.  a  Jefferson,  ji.,  332! 

*  Jofferaou,  il.,  323-301.  ^  Jefferson  to  Madison,  0  February  1788 


■;   in. 


:l  ; 


#:  i 


Hi'Si  .^ 


u . 


i  '] 


m 


,V  >M\ 


I     !'i" 


408     TUE  STATES  RATIFY  THE  CONSTITUTION^,  b.iv.jch.iii. 

our  union."     This  was  the  last  word  from  him  which  reached 
America  m  time  to  have  any  influence.    But  in  May  of  that 
year,  so  soon  as  he  heard  of  the  method  adopted  by  Massaehu 
setts,  he  declared  that  it  was  far  preferable  to  his  own  and 
wished  it  to  be  followed  by  every  state,  especially  by'vir 
ginia.*    To  Madison  he  wrote  in  July:  "The  constitution  is 
a  good  canvas  on  which  some  strokes  only  want  retouching  "  + 
^1789  to  a  friend  in  Philadelphia  he  wrote  with  perfect 
tru  h :  «I  am  not  of  the  party  of  federalists;  but  I  am  much 
further  from  that  of  the  anti-federalists."  ^ 

The  constitution  was  to  John  Adams  more  of  a  surprise 
than  to  Jefferson ;  but  at  once  he  formed  his  unchanging  iudff- 
ment,  and  m  December  1787  he  wrote  of  it  officially  to  Jay  • 
The  public  mmd  cannot  be  occupied  about  a  nobler  object 
than  the  proposed  plan  of  government.    It  appears  to  be  ad- 
mirably calculated  to  cement  all  America  in  affection  and  in 
terest  as  one  great  nation.     A  result  of  compromise  cannot 
perfectly  coincide  with  every  one's  ideas  of  perfection ;  but 
as  all  the  great  principles  necessary  to  order,  liberty,  and  safetv 
are  respected  in  it,  and  provision  is  made  for  amendments  as 
hey  may  be  found  necessary,  I  hope  to  hear  of  its  adoption 
by  all  the  states."  *  ^ 

*  j2T{  "■'.'  w'f '  ''•':     +  ''''^"""'  "•'  '''■     *  •^^ff--".  -.  «85,  586. 
v.,  356  '   '  '  '     '  '"'  »5l^'°^'^'5°  CorrcsponJcncc,  17S3-1789, 


M. 


If 


ij !:  li; 


i  I 


3-  IV. ;  CH.  III. 


irss. 


THE  CONSTITUTION  IN  NEW  HAMPSHIRE. 


409 


IP 


CHAPTER  IV. 

THE  co^smmoN  m  new  iiAMPsiimE,  Maryland,  and  south 

carolina. 

Feom  February  to  23  May  1788. 
Bh  .0,  and  Sallmn,  Im  successful  eompotitor,  yicd  with  each 

t„  I,!'    '    "T""'}'"'.  "^  "">  «'»'=  c^e  togetlier  there  appeared 

debate   Tf    Z'T'  "°""^'  ""^  "''""S"-     ^^  "^  ^'=™"  days' 
debate,  Joshua  Atherton  of  Amherst;  William  Hooper,  tJ.o 

mm,stcr  of  Marbury ;  Matthias  Stone,  deaeon  of  the  elmrih  i^ 

Claremont;  Ab,e    Parker,  from  Jaffrcy,  reproduced  the  ob- 

jccfons  that  had  beeu  urged  in  the  neighboring  state;  while 

le  t,  and  John  P.ekermg  explained  and  defended  it  with  eon- 
c  hatory  rnoderation.    When  zealots  complained  of  the  wTnt 
0    a  re  ,g,ous  test,  A^oodbury  Langdon,  lately  presidenT  " 
Harvard  college,  but  now  a  minister^  the  gos/el  at  Ilampton 

fmm  We.  ,      ''°."'"'  •■"'"'°"*^  "V  interfere.     Dow, 

unStlf'''™  r,    '  •""  '"  "'°  °^P''"""'»»  "f  I'-fi'lo''  that 
under  the  confederation  the  power  c-dsts  ,vithout  li.nit,  Ather 

on  answered  :  "  It  is  our  full  purpose  to  wash  our  handf  ear 
of  becom,ng  ,ts  guarantees  oven  for  a  term  of  years." 
hold   in  .1°"'"'  "^  *''°,  '=°''^«"'«<>''  ^™n  converts  enough  to 
th  ,>    ownf™To'  r  """  *°"""'  ''^  in.*.ctio„,Lm 

com  ituol'  /  f^-Z  "'T  ""  opportunity  to  consult  their 
con.,t,tuonts,  the  fnends  of  the  constitution  proposed  an  ad- 


¥m 


I  >  I 


■•m. 


''  i  II 


410     THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv. 


OU.  IV. 


m 


I  .t 


:ir'! 


.    I  Mj-f 


r.  I 
it' 


journmcnt  till  June,  saying,  witli  otlier  reasons,  that  it  would 
be  very  prudent  for  a  small  state  like  New  Ilampsliire  to  wait 
and  see  what  the  other  states  would  do.  This  was  the  argu- 
ment which  had  the  greatest  weight.*  The  place  of  meetino- 
was  changed  from  Exeter,  a  stronghold  of  federalism,  to  Con- 
cord ;  and  the  adjournment  was  then  carried  by  a  slender  ma- 
jority.f 

The  assembly  of  Maryland,  in  November  1787,  summoned 
its  delegates  to  the  federal  convention  to  give  them  informa- 
tion of  its  proceedings;  and  Martin  rehearsed  to  them  and 
published  to  the  world  his  three  days'  arraignment  of  that 
body  for  having  exceeded  its  authority.  lie  was  answered  by 
McIIenry,  who,  by  a  concise  analysis  of  the  constitution,  drew 
to  himself  the  sympathy  of  his  hearers.  The  legislature  unani- 
mously  ordered  a  convention  of  the  people  of  the  state;  it 
copied  the  example  set  by  Virginia  of  leaving  the  door  open 
for  amendments ;  :j.  and  by  a  majority  of  one  the  day  for  the 
choice  and  the  day  for  the  meeting  of  its  convention  were 
postponed  till  the  next  April. 

The  long  delay  gave  opportunity  for  the  cabalings  of  the 
anti-federalists  of  Virginia.**    Richard  Henry  Lee  was  as  zeal- 
ous as  ever ;  and  Patrick  Henry  disseminated  propositions  for 
a  southern  confederacy ;  I|  but  Washington,  who  felt  himself 
at  home  on  the  Maryland  side  of  the  Potomac,  toiled  fearless- 
ly and  faithfully^  with  Madison  at  his  side,  for  the  immediate 
and  unconditioned  ratification  of  the  constitution  by  the  South. 
In  the  three  months'  interval  before  the  election,  the  fields 
and  forests  and  towns  of  Maryland  were  alive  with  thought ; 
the  merits  of  the  constitution  were  scanned  and  sifted  in  every 
public  meeting  and  at  every  hearth ;  and  on  the  day  in  1788 
for  choosing  delegates,  each  voter,  in  designating  the  candidate 
of  his  preference,  registered  his  own  deliberate  decision.    In 
fifteen  counties,  and  the  cities  of  Baltimore  and  Annapolis, 
there  was  no  diversity  of  sentiment.     Two  counties  only  re- 

*  Report  in  the  Mass.  Ppy,  copied  into  Ind.  Gazetteer  of  9  April  1788. 
t  Ind.  Gazetteer,  17  March  1788. 

I  Madison  to  Jefferson,  9  December  1737 ;  Madison,  i.,  363,  36i. 

*  Letters  to  Washington,  iv.,  lOG. 

O  This  is  repeatedly  told  of  Henry  by  Carrington.     See  also  Madison,  i.,  366 


B.  17.  ;  CU.  IV. 


1788  THE  OONSTITUTIOX  IN  MARYLAND.  4^^ 

turned  none  but  anti-federalists;  Harford  county  elected  three 
of  that  party  and  one  trimmer. 

Tlie  day  before  the  eonventio.i  was  to  assemble,  Washing- 
ton, guarding  against  the  only  danger  that  remained,  addressed 
a  well-considered  letter  to  Thomas  Johnson:  "An  adjourn- 
ment of  your  convention  will  be  tantamount  to  the  rejection 
of  the  constitution     It  cannot  be  too  much  deprecated  and 
guarded  against.     Great  use  is  made  of  the  postponement  in 
New  Hampshire,  although  it  ha^  no  reference  to  the  conven- 
tion  of  this  state.    An  event  similar  to  this  in  Maryland  would 
have  the  worst  tendency  imaginable;  for  indecision  there 
would  certainly  have  considerable  influence  upon  South  Care 
hna,  the  only  other  state  which  is  to  precede  Virginia ;  and  it 
submits  the  question  almost  wholly  to  the  determination  of  the 
la  ter      Ihe  pnde  of  the  state  is  already  touched,  and  will  be 
raised  much  higher  if  there  is  fresh  cause."  * 

The  advice,  which  was  confirmed  by  similar  letter  from 
Madison  was  communicated  to  several  of  the  members;  so 
that  the  healing  influence  of  Virginia  proved  greater  than  its 
power  to  wound.  But  tlie  men  of  Maryland  of  themselves 
knew  their  duty,  and  Washington's  advice  was  but  an  encour- 

choser*  ^^^"^  *""  ^'"'"'^'^  '"^  *^^  "^""^  ""'^"'^^  *^^^  ^^^ 

On  Monday,  the  twenty-first  of  April,  a  quorum  of  the 
convention  assembled  at  Annapolis.     The  settlement  of  repre- 
sentation in  the  two  branches  of  the  federal  legislature  was 
pleasing  to  all  the  representatives  of  fifteen  counties,  and  the 
cities  of  Baltimore  and  Annapolis  agreed  with  each  other  per- 
fectly that  the  main  question  had  already  been  decided  by  the 
people  m  their  respective  counties ;  and  that  the  ratification  of 
the  constitution,  the  single  transaction  for  which  they  were 
convened,  ought  to  be  speedily  completed.     Two  days  were 
given  to  the  organization  of  the  house  and  establishing  rules 
for  Its  government;  on  the  third  the  constitution  was  read  a 
hrst  time,  and  the  motion  for  its  ratification  was  formally  made, 
ihe  plan  of  a  confederacy  of  slave-holding  states  found  not 

t..\'!!T!TV  '^''""''  '^"'^"'°"'  ^'^  ^^I^"'  ^^88 ;  T.  Johnson  to  Washing. 
tonlO  October  1788.    Compare  Washington  to  James  Mellenrv.  .7  A.H.  1.88 


1  tw'^ip 

• 

1     ' 

:Mi 


i 
j 

1 

1 

! 

id 

1 

lol 


Ml 


ilH 


llnfP 


I    ''if 


nm 


(', 


412    THE  STATES  RATIFY  THE  CONSTITUTION. 


B.  IV. ;  OH.  IV. 


one  supporter;  not  one  suggested  an  adjournment  for  the  pur- 
pose  of  consultation  with  Virginia.  The  malcontents  could 
embarrass  the  convention  only  by  proposing  pernicious  amend- 
ments. 

On  the  morning  of  the  twenty-fourth,  Samuel  Chase  took 
his  seat,  and  at  the  second  reading  of  the  constitution  began 
from  elaborate  notes  the  fiercest  opposition :  The  powers  to  be 
vested  in  the  new  government  are  deadly  to  the  cause  of  liberty, 
and  should  be  amended  before  adoption ;  five  states  can  now 
force  a  concession  of  amendments  which  after  the  national  gov- 
emment  shall  go  into  operation  could  be  carried  only  by  nine.* 
He  spoke  till  he  was  exhausted,  intending  to  resume  his  argu- 
ment on  the  following  day. 

In  the  afternoon,  William  Paca  of  Harford  county,  a 
signer  of  the  declaration  of  independence,  appeared  for  the 
first  time  and  sought  to  steer  between  the  clashing  opinions, 
saying :  "  I  have  a  variety  of  objections ;  not  as  conditions,  but 
to  accompany  the  ratification  as  standing  instnictions  to  the 
representatives  of  Maryland  in  congress."  To  Johnson  the 
request  seemed  candid;  and  on  his  motion  the  convention 
adjourned  to  the  next  moming.f  The  interval  was  em- 
ployed in  preparing  a  set  of  amendments  to  the  constitution, 
which  were  adapted  to  injure  the  cause  of  federalism  in  Vir- 
ginia. ^ 

On  Friday  morning  a  member  from  each  of  eleven  several 
counties  and  the  two  cities,  one  after  the  other,  declared  "that 
he  and  his  colleagues  w^ere  under  an  obligation  to  vote  for  the 
government;"  and  almost  all  declared  further  that  they  had 
no  authority  to  propose  amendments  which  their  constituents 
had  never  considered,  and  of  course  could  never  have  directed.* 
When  Paca  began  to  read  his  amendments,  he  was  called  to 
order  by  George  Gale  of  Somerset  county,  the  question  before 
the  house  being  still  «  on  the  ratification  of  the  constitution  " 
Chase  once  more  "made  a  display  of  all  his  eloquence;" 
John  F.  Mercer  discharged  his  whole  "  artillery  of  inflammable 

*  Notes  of  Chase  on  the  constitution,  MS. ;  and  the  historical  address  of  Alex. 
C.  Hanson,  MS  ^  u^^^.^.g  j^g  ^^^.,,^^.^^^ 

;  Jamea  McIIonry  to  Washinjifton,  18  May  1788. 

*  Alex,  C.  Uanson.     MS,     Elliot,  ii,,  548. 


•if. 


1788. 


THE  CONSTITUTION  IN  MAEYLAND. 


413 

Paea  voting  with  the  L^SXTd  T^  '^"^'  ^'"<'"' 
of  nearly  six  to  one,  the  eon^nurfl  ,  t^T  ™J°"*y 
o'clock,  for  tlio  time  whenTevf  u  f  ^'""^''^'  *'  ""•''« 
the  instrament  of  miflcatio.i  ^^         **  ""  "''  """'^  "^""^^  '» 

Paca  then  bronslit  forward  hia  r,„™ 
tag  that  witl>  them  his  coSutr      T"""""^""'''*^' ^»y- 
tntion,  withontthem  worop,  oTeltlvt    T'™  *^  '=°"* 
a  short  but  perplexed  debated  wi'   IdZ^T'^    "^"^^ 
ment  of  a  committee  of  thirteen  ofJv  If  ,'?  *'"'  "PP"'"'" 
chairman;  but  they  hadTower' onlvt    ^' '""''"  ^"^ '">« 
ments  to  the  consideration  of  tL^  ^  recommend  amend- 
majority  of  the  commlre  1     ySd  o^fSlT'-    ","" 
t.ons,  explaining  the  constitution  accoMr„lV°,,  °  ''"''''■ 

of  its  friends,  and  .^stniining  conZ^frol  ?  ?r '™^«™ 
not  expressly  dele^atM     T?       P^°?  "°™  exercising  power 

commiLfellTn  fawtnS    T""'^  ^""'"'^'^  '^°^'  *'« 

a  summons  f or  ttm  Z  PaL  f  r^T'°"  ""  ^'"^V  ^»* 
ty,  would  make  noCrt  "^^"^"".^'''^''^'''^"'inori- 
solveditselfbyagt.armatitj         """  ""  -=»™-^«0''d- 

nca Jv^rr  broSl:  th*"  *"  "^^^  ™">»  -^^  ^  ™'^  0' 
the  thirteen  UnLd  State,     f  ~''^"">«™  the  majority  of 

inhabitants.  C  stat  ttirtSleT^"'',- '  '"^'^  ^^<^ 
gained  the  undisputed  victory  LTti  .r""?,'"™  "''''^^ 
slave-holdine  6tat<^,     "/"'""^  o™"^  *oo  Arst  velleity  of  the 

thorn  in  tho^'site  If  tht  1'  "P?'^  confederacy.  "It  is  a 
wrote  Washing::  to  tJSiti  "<  s""""'':"  '"  ""'  ^'»'^'" 
a  negative  would  alm^  con^rt  'Tr*™"^'™  ^"*-* 
fiat  of  your  convention  Jill  !    !  """^S  sister.      The 

were  hL  wordsTrrnifrXTar''^  "'^  '"^  ^<'""=^'"  " 


*Wnsl,ington  to  Madison,  2  May  1788 

t  Wa.shington  to  Madison,  2  May  l^Ss'. 

*  Washington  to  n.apie!  of  Sf  -^L  .         -    ., 

-  -i.ici  01  »t.  x.:.-;ua3  Jemfer,  27  April 


t  Ilanaon.    Ma 


f  ■! 


'm^\ 


1788. 


414     THE  STATES   RATIFY  THE  CONSTITUTION,  n.  iv. ;  on.  iv. 


In  his  hours  of  meditation  he  saw  the  movement  of  the  di- 
vine power  which  gives  unity  to  the  universe,  and  order  and 
connection  to  events :  "  It  is  impracticable  for  any  one  who 
lias  not  been  on  the  spot  to  realize  the  change  in  men's  minds, 
and  the  progress  toward  rectitude  in  thinking  and  acting. 

"  The  plot  thickens  fast.  A  few  short  weeks  will  deter- 
mine the  political  fate  of  America  for  the  present  generation, 
and  probably  produce  tio  small  influence  on  the  happiness  of 
society  through  a  long  succession  of  ages  to  come.  Should 
everything  proceed  with  harmony  and  consent  according  to 
our  actual  wishes  and  expectations,  it  will  be  so  much  beyond 
anything  we  had  a  right  to  imagine  or  expect  eighteen  months 
ago  that  it  will,  as  visibly  as  any  possible  event  in  the  course 
of  human  affairs,  demonstrate  the  finger  of  Providence."  * 

In  South  Carolina  the  new  constitution  awakened  fears  of 
oppressive  navigation  acts  and  of  disturbance  in  the  ownership 
of  slaves.  The  inhabitants  of  the  upper  country,  who  suffered 
from  the  undue  legislative  power  of  the  city  of  Charleston 
and  the  lower  counties,  foreboded  new  inequalities  from  a 
consolidation  of  the  union.  A  part  of  the  low  country,  still 
suffering  from  the  war,  had  shared  the  rage  for  instalment 
laws,  paper  money,  and  payment  of  debts  by  appraised  prop- 
erty ;  and  to  all  these  the  new  constitution  made  an  end. 

The  opposition  from  Virginia  f  intrigued  for  a  southern 
confederacy,  while  Madison,  in  entire  unison  with  "Washing- 
ton, wrote  to  his  friends  in  behalf  of  union.:]:  They  both 
knew  that  there  was  to  be  resistance  to  the  constitution,  with 
Kawlins  Lowndes  for  its  spokesman  ;  and  as  he  could  by  no 
possibility  be  elected  into  the  convention,  the  chief  scene  of 
the  opposition  could  only  be  the  legislature.* 

In  January  1788  the  senate  unanimously  voted  thanks  to 
the  members  from  their  state  in  the  federal  convention  for 
their  faithfulness.  On  the  sixteenth,  in  the  committee  of  the 
whole  house  of  representatives,  Charles  Pinckney  gave  a  his- 

*  Washington  to  the  Marquia  dc  la  Fayette,  28  May  1788. 

f  Jefferson  to  Shippen,  14  July  1788.     "Mr.  Henry  disseminated  propositions 
there  for  a  southern  confederacy." 

X  Madison  to  Washington,  10  April  1788.     Works,  i.,  384,  386. 

*  Madison,  i.,  882 ;  Elliot,  iv.,  274. 


1788. 


THE  CONSTITUTION  IN  SOUTH  CAROLINA. 


415 

tory  *  of  the  formation  and  the  character  of  "the  federal  re 
public;"  which  was  to  operate  upon  the  people  and  not  upon 
Oie  states.    At  once  Lowndes  f  objected  that  the  interests  of 
bouth  Carolina  were  endangered  by  the  clause  in  the  constitu- 
tion according  to  which  a  treaty  to  be  made  by  two  thirds  of 
the  senate  and  a  president  who  was  not  hkely  ever  to  be  chosen 
from  South  Carolina  or  Georgia,  would  be  the  supreme  law 
of  the  land.    Cotesworth  Pinckney  condemned  the  reasoning  as 
disingenuous.     "Every  treaty,"  said  John  Eutledge,  "is  law 
paramount  and  must  operate,"  not  less  under  the  confederation 
ban  under  the  constitution.  $     "  If  treaties  are  not  superior  to 
local  laws     asked  Ramsay,  "  who  will  trust  them  ? "    Lowndes 
proceeded,  saying  of  tlie  confederation:  "We  are  now  under 
a  most  excellent  constitution-a  blessing  from   heaven,  that 
has  stood  the  test  of  time,  and  given  us  liberty  and  independ- 
ence; yet  we  are  impatient  to  pull  down  that  fabric  which  we 
raised  at  the  expense  of  our  blood."  ^    Now,  Rawlins  Lowndes 
had  pertinaciously  resisted  the  declaration  of  independence ;  and 
when,  m  1778,  South  Carolina  had  made  him  her  governor  had 
in  her  reverses  sought  Bntish  protection.    He   proceeded: 
When  this  new  constitution  shall  be  adopted,  the  sun  of  the 
Bouthern  states  will  set,  never  to  rise  again.     What  cause  is 
there  for  jealousy  of  our  importing  negroes  2    Why  confine  us 
to  twenty  years?    Why  limit  us  at  all ?     This  trade  can  be 
justified  on  the  principles  of  religion  and  humanity.     They 
do  not  like  our  slaves  because  they  have  none  themselves,  and, 
therefore,  want  to  exclude  us  from  this  groat  advantage."  I| 
^     "  Every  state,"  interposed  Pendleton,  "  has  prohibited  the 
importation  of  negroes  except  Georgia  and  the  two  Carolinas  » 
Lowndes  conthiued :  "  Without  negroes  this  state  would 
degenerate  into  one  of  the  most  contemptible  in  the  union. 
Negroes  are  our  wealth,  our  only  natural  resource ;  yet  our 
kind  fnends  in  the  North  are  determined  soon  to  tie  up  our 
iiands  and  drain  us  of  what  we  have." 

"  Against  the  restrictions  that  might  be  laid  on  the  African 
trade  after  the  year  1808,"  said  Cotesworth  Pinckney  on  the 


*  Elliot,  iv,,  253-263. 
t  Elliot,  iv.,  268,  266. 


I  Elliot,  W.,  2T2. 


t  Elliot,  iv.,  267,  268. 
*  Elliot,  iv.,  270-272. 


T 


I 


i 


I. 


w. 


416     THE  STATES  RATIFY  THE  CONSTITUTION.  B.iT.;on.iv. 

seventeenth,  "  your  delegates  had  to  contend  with  the  rehgious 
and  political  prejudices  of  the  eastern  and  middle  states,  and 
with  the  interested  and  inconsistent  opinion  of  Virginia,     It 
was  alleged  that  slaves   increase  the  weakness  of  any  state 
which  admits  them ;  that  an  invading  enemy  could  easily  turn 
them  against  ourselves  and  the  neighboring  states ;  and  that 
as  we  are  allowed  a  representation  for  them,  our  influence  in 
government  would  be  increased  in  proportion  as  we  were  less 
able  to  defend  ourselves.     '  Show  some  period,'  said  the  mem- 
bers from  the  eastern  states,  '  when  it  may  be  in  our  power 
to  put  a  stop,  if  we  please,  to  the  importation  of  this  weakness, 
and  we  will  endeavor,  for  your  convenience,  to  restrain  the  re- 
ligious and  political  prejudices  of  our  people  on  this  subject.' 
The  middle  states  and  Virginia  made  us  no  such  proposition ; 
they  were  for  an  immediate  and  total  prohibition.    A  com- 
mittee of  the  states  was  appointed  in  order  to  accommodate 
this  matter,  and,  after  a  great  deal  of  difficulty,  it  was  settled 
on  the  footing  recited  in  the  constitution. 

"  By  this  settlement  we  have  secured  an  unlimited  impor- 
tation of  negroes  for  twenty  years.  The  general  government 
can  never  emancipate  them,  for  no  such  authority  is  granted 
and  it  is  admitted  on  all  hands  that  the  general  government 
has  no  powers  but  what  are  expressly  granted  by  the  consti- 
tution. We  have  obtained  a  right  to  recover  our  slaves  in 
whatever  part  of  America  they  may  take  refuge,  which  is  a 
right  we  had  not  before.  In  short,  considering  all  circum- 
stances, we  have  made  the  best  terms  in  our  power  for  the 
security  of  this  species  of  property.  We  would  have  made 
better  if  we  could ;  but,  on  the  whole,  I  do  not  think  them 
bad."* 

"Six  of  the  seven  eastern  states,"  continued  Lowndes, 
"  form  a  majority  in  the  house  of  representatives.  Their  inter- 
est will  so  predominate  as  to  divest  us  of  any  pretensions  to 
the  title  of  a  republic.  They  draw  their  subsistence,  in  a  great 
measure,  from  their  shipping ;  the  regulation  of  our  commerce 
throws  into  their  hands  the  carrying  trade  under  payment  of 
whatever  freightage  they  think  proper  to  impose.  Why 
sliould  the  southern  states  allow  this  without  the  consent  of 

*  Elliot,  i7.,2'7'7-286. 


1788.         THE  OOx^STITUTION  IN   SOUTU   CAROLINA.  417 

ninoBtates?  If  at  any  future  period  we  should  remonstrate, 
mmd  your  business' will  be  the  style  of  language  held  on 
toward  the  southern  states."  "The  fears  that  the  northern 
interests  w,ll  prevail  at  aU  times,"  said  Edward  Rutledge,  «  are 
Ill-founded.  Carry  your  views  into  futurity.  Several  of  the 
northern  states  are  already  full  of  people ;  the  migrations  to 
the  South  are  immense ;  in  a  few  years  we  shall  rise  high  in 

position  "*''*'*''"'  ''^"^'  ''^^''  '^'*''  ''^"  ^"'P  ^^^''  P^^«^^* 
The  argument  of  Lowndes  rested  on  the  idea  that  the 
southern  states  are  weak.     "  We  are  weak,"  answered  Cotes- 
worth  Pinckney  ;  «  by  ourselves  we  cannot  form  a  union  strong 
enough  for  the  purpose  of  effectually  protecting  each  other 
Without  union  witli  the  other  states,  South  Carolina  must  soon 
tall.     Is  there  any  one  among  us  so  much  a  Quixote  as  to  sup- 
pose tha   this  state  could  long  maintain  her  independence  if 
she  stood  alone,  or  was  only  connected  witli  the  southern  states  ? 
I  scarcely  believe  there  is.     As,  from  the  nature  of  our  climate 
and  the  fe^vnes3  of  our  inhabitants,  we  are  undoubtedly  weak 
should  we  not  endeavor  to  form  a  close  union  with  the  easten; 
states,  who  are  strong  ?     We  certainly  ought  to  endeavor  to 
increase  tliat  species  of  strength  which  will  render  them  of 
most  service  to  us  both  in  peace  and  war.     I  mean  their  navy 
Justice  to  them  and  humanity,  interest  and  policy,  concur  in 
prevailing  upon  us  to  submit  the  regulation  of  commerce  to 
the  general  govemment.f 

Lowndes  renewed  his  eulogy  on  the  old  confederation. 
Ihc  men  who  signed  it  were  eminent  for  patriotism  and  vir- 
tue ;  and  their  wisdom  and  prudence  particularly  appear  in 
their  care  sacredly  to  guarantee  the  sovereignty  of  each  state. 
The  treaty  of  peace  expressly  agreed  to  acknowledge  us  free, 
sovereign,  and  independent  states  ;  but  this  new  constitution, 
being  sovereign  over  all,  sweeps  those  privileges  away  "  ^ 

Coteswori;h  Pinckney  answered :  MVe  were  independent 
before  the  treaty,  Avhich  does  not  grant,  but  acknowledges  our 
independence.  We  ought  to  date  that  blessing  from  an  older 
charter  than  the  treaty  of  peace ;  from  a  charter  which  our 


;f-  I 


*  Elliot,  iv.,  272,  274,  276,  277,  283. 
f  Elliot,  iv.,  283,  284. 


Mi*|4    , 


t  Elliot,  iv.,  287. 


418    THE  STATES  RATIFY  THE  CONSTITUTION.  B.iv.;on.iv. 

babes  should  bo  taught  to  Ikp  in  their  cradles ;  which  our  youth 
should  learn  as  a  carmen  neressarium,  an  indispensable  lesson ; 
which  our  young  men  should  regard  as  their  compact  of  free- 
dom ;  and  which  our  old  should  repeat  with  ejaculations  of 
gratitude  for  the  bounties  it  is  about  to  bestow  on  their  poa- 
tority.     I  mean  the  declaration  of  independence,  made  in  con- 
gress the  4th  of  July  177G.     This  manifesto,  which  for  impor- 
tance  of  matter  and  elegance  of  composition  stands  unrivalled 
confutes  the  doctrine  of  the  individual  sovereignty  and  inde- 
pendence of  the  several  states.   The  separate  independence  and 
mdividual  sovereignty  of  the  several  states  were  never  thought 
of  by  the  enlightened  band  of  patriots  who  framed  this  decla- 
ration.    The  several  states  are  not  even  mentioned  hy  name  in 
any  part  of  it ;  as  if  to  impress  on  America  that  our  freedom 
and  mdependence  arose  from  our  union,  and  that  without  it 
we  could  neither  bo  free  nor  independent.    Let  us,  then,  con- 
sider all  attempts  to  weaken  this  union  by  maintaining  that 
each  state  is  separately  and  individually  independent,  as  a  spe- 
cies of  political  heresy  which  can  never  benefit  us,  but  may 
bring  on  us  the  most  serious  distresses."  * 

Lowndes  sought  to  rally  to  his  side  the  friends  of  paper 
money,  and  asked  triumphantly:  "What  Imrm  has  paper 
money  done  ? "  "  What  harm  ? "  retorted  Cotesworth  Pinck- 
ney.  "Beyond  losses  by  depreciation,  paper  money  has  cor- 
rupted  the  morals  of  the  people ;  has  diverted  them  from  the 
paths  of  honest  industry  to  the  ways  of  ruinous  speculation- 
has  destroyed  both  public  and  private  credit ;  and  has  brought 
total  rum  on  numberless  widows  and  orphans."  f 

James  Lincoln  of  Ninety-six  pressed  the  objection  that 
the  constitution  contained  no  bill  of  rights.  Cotesworth  Pinck- 
ney  answered :  "  By  delegating  express  powers,  we  certainly 
reserve  to  ourselves  every  power  and  right  not  mentioned  in 
the  constitution.  Another  reason  weighed  particularly  with 
the  members  from  this  state.  Bills  of  rights  generally  begin 
with  declaring  that  all  men  are  by  nature  born  free.  Now,  we 
should  make  that  declaration  with  a  very  bad  grace  when  a 
large  part  of  our  property  consists  in  men  who  are  actually 
bom  slaves." ;{: 

*  ElUot,  iv.,  801,  332.  t  Elliot,  iv,  306.  J  Elliot,  iv.,  815,  316. 


».  17. ;  on.  IV, 


1788. 


THE  OONSTITDTION  IN  SOUTH  CAROLINA. 


419 

Lowndos,  following  the  load  of  tho  opposition  of  Vir^nJn 
had  rocommonded  anotl.er  convention  in  which  Zry  obS 
could  be  inet  on  fair  grounds,  and  adequate  rcmed  e^  api  eH 
Iho  proposa  found  no  acceptance  ;  but  he  perse veredfn  cavil 
hng  and  objecting.     At  last  John  Rutledge Tpati^^^^^ 
pressed  a  hope  that  Lowndes  wm,M  «t,^     fe«  '  "patiently  ex- 

three  P  „el™,s,  Grimk^,  and  iL^yft he  cWu!  '  and 
the  loading  judges  of  the  state ;  men  chiet^y  of  EnSscotTh 
Seoteh-Insh  and  II„g„enot  descent ;  a  thoLgh  4r  seSaHon 
of  the  best  elements  and  enlture  of  South  Cardinr 

Ite  convention  organized  itself  on  the  thirteenth  of  lf»v 

BurlT.  hnf  fi     1  ^      .  ^  *^^  opposition   was  Edanus 

«onh„a.ag.phsr.:dr  d- s:  TcLr^^^^ 

when  on  the  twenty-fi.t  Sumter,  as  a  last  effort  of  tZe   To 
wshed  to  act  with  Virginia,  made  a  motion  for  an  al™ 

non  or  the  federal  convention.     A  few  p-ivo  Avn,r  *^  +i     i 
of  conciliating  b,  modo.tion;  butlftfrleSrS 

•  Elliot,  iv.,  290.  t  Elliot,  Iv.,  812,  (  Elliot,  iv.,  SIC,  01  f. 


ilJlHt 


n 


if  r 


I   I 


m: 


M', 


M 

• 

:')||ji. 

i  ..] 


i 


^-■!i 


i20      THE  STATES  RATIFY  THE  CONSTITUTION.  B.iv.;on.iv. 

received  only  eighty-nine  votes  against  one  hundred  and  thirty- 
five.  Three  or  four  amendments  were  recommended;  and 
then,  at  five  o'clock  in  the  evening  of  the  twenty-third,  the 
constitution  was  ratified  by  one  hundred  and  forty-nine  votes 
against  seventy-three — more  than  two  to  one.*  As  the  count 
was  declared,  the  dense  crowd  in  attendance,  carried  away  by 
a  wild  transport  of  joy,  shook  the  air  with  their  cheers. 

When  order  was  restored,  the  aged  Christopher  Gadsden 
said :  "  I  can  have  but  little  expectation  of  seeing  the  happy 
effects  that  will  result  to  my  country  from  the  wise  decisions  of 
this  day,  but  I  shall  say  with  good  old  Simeon :  Lord,  now 
lettest  thou  thy  servant  depart  in  peace,  for  mine  eyes  have 
seen  the  salvation  of  ray  country."  f 

The  delegates  of  South  Carolina  to  the  federal  convention 
received  a  vote  of  thanks.  Those  in  the  opposition  promised 
as  good  citizens  to  accept  the  result.  In  17G5  South  Carohna 
was  one  of  the  nine  states  to  meet  in  convention  for  resistance 
to  the  stamp-act ;  and  now  she  was  the  eighth  state  of  the  nine 
required  for  the  adoption  of  the  constitution. 

When  the  astonishing  tidings  reached  New  Hampshire,  her 
people  grew  restless  to  be  the  state  yet  needed  to  assure  the 
new  bond  of  union ;  but  for  that  palm  she  must  run  a  race 
with  Yirginia. 

*  Elliot,  ir.,  318,  338-340.  f  Penn.  Packet,  14  June  1788. 


il 


B.  IV. ;  on.  TV. 


1785-1786. 


THE  NAVIGATION  OF  THE  MISSISSIPPI. 


421 


CHAPTER  Y. 

THE  OONSTITimo^  I.^   VIRGINIA   AND  n,  KEW   H.VMPSHIBE. 

Fkom  May  1785  to  25  June  1788. 

In  May  :T85,  Diego  Gardoqui  arrived,  charged  with  the 
affa.™  of  Spain,  and  seemingly  empowered  to  fix  the^speet 
-e  h,„,ts  and  adjnst  other  pointe*  between  two  co^C' 
whieh  bordered  on  eaeh  other  from  the  Atlantic  to  t^e  her 
spring  of  the  Mississippi.    On  the  twentieth  of  July  17^ 

with  Gardoqui,t  mstracting  him,  hoover,  previous  to  his 

Itr  ¥hT'"'  '•    -^  P"""^'"""'  *"  ™™-'-'e  it  to 
congress,     ihe  commission  was  executed,  and  negotiations  im 

siraWe  as  a  neighbor ;  as  a  force  that  could  protect  the  United 

their,,    /r'""'*"  Barbary  powers  and  concH  ato 

tenT    fr       ^"^Sal  and  Italy ;  as  a  restraint  on  the  in- 

Snenco  of  France  and  of  Great  Britain;  and  as  the  ruler  of 

on,,mo„s  of  which  the  trade  offered  tempting  atltl^ 

latv  o7        "T"'  *^'  *'"  ^""<^^  ^''"-' -  '!"'  Pri-  o^a 
of  ^f  ♦,  ";7''?'".'y  '"  "ommorcB,  should  forego  tbe  naviga- 
tiou  of  the  Mississippi  for  twenty-iive  or  thirty  years.  ^ 

On  the  third  of  August  1780,  Jay  appeared  before  congress 


Diplomatic  Correspondonco,  vi,,  81-07. 
t  Secret  Journals,  iii.,  668-570. 


Secret  Journals,  iii.,  56D,  870. 


'II' 


.:M  A 

in 

i  i 

i  '     ■ 

:  ■  !  ■  1    (  1 

I  I 

'  k 


iM;t« 


f'':;lfil» 


IP 


l    !. 


mil  ilk 

111 
i 


422     THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv. ;  oh.  v. 

and  read  an  elaborate  paper,  in  which  he  endeavored  to  prove 
that  the  experiment  was  worth  trying.*  The  proposal  sacrificed 
a  vitally  important  right  of  one  part  of  the  union  to  a  commer- 
cial interest  of  another ;  yet  the  instruction  which  made  the 
right  to  the  navigation  of  the  Mississipp'  an  ultimatum  in 
any  treaty  with  Spain  was,  after  three  weeks'  reflection,  re- 
pealed by  a  vote  of  seven  northern  states  against  Maryland 
and  all  south  of  it. 

On  the  twenty-fifth  of  August,  Secretary  Jay  was  enjoined 
in  his  plan  of  a  treaty  with  the  king  of  Spain  to  stipulate  the 
right  of  the  United  States  to  their  territorial  bounds,  and  the 
free  navigation  of  the  Mississippi  from  its  source  to  the  ocean 
as  established  in  their  treaties  with  Great  Britain ;  and  neither 
to  conclude  nor  to  sign  any  treaty  with  the  Spanisli  agent  until 
he  should  have  communicated  it  to  congress  and  received  their 
approbation.f     , 

The  members  of  the  southern  states  were  profoundly 
alarmed.  On  the  twenty-eighth  Charles  Pinckney,  supported 
by  Carrington,  in  their  distrust  of  Jay,  sought  to  transfer  the 
negotiation  to  Madrid;  but  in  vain.  The  delegates  of  Vir- 
ginia, Grayson  at  their  head,  strove  to  separate  the  commer- 
cial questions  from  those  on  boundaries  and  navigation.  "  The 
surrender  or  proposed  forbearance  of  the  navigation  of  the 
Mississippi,"  they  said,  "  is  inadmissible  upon  the  principle  of 
the  right,  and  upon  the  highest  principles  of  national  ex- 
pedience. In  the  present  state  of  the  powers  of  congress,  every 
wise  statesman  should  pursue  a  system  of  conduct  to  gain  the 
confidence  of  the  several  states  in  the  federal  council,  and 
thereby  an  extension  of  its  powers.  This  act  is  a  dismember- 
juent  of  the  government.  Can  the  United  States  then  dismem- 
ber the  government  by  a  treaty  of  commerce?  But  Jay, 
supported  by  the  North,  persisted.  ^ 

Monroe  still  loyally  retained  his  desire  that  the  regulation 
of  commerce  should  be  in  the  hands  of  the  United  States,  and 
his  opinion  that  ^vithout  that  power  the  union  would  infallibly 
tumble  to  pieces  ;  but  now  he  looked  about  him  for  means  to 
strengthen  the  position  of  his  own  section  of  the  country  ;  and 

*  Diplomatic  Correspondence,  vi.,  177.  f  Secret  Journals,  iii.,  580. 

^  Secret  Journals,  iv.,  8V-110. 


1786-1788.        THE  COJfSTITUTION  IN  VIRGINIA.  423 

to  Madison  on  the  third  of  September  he  wrote :  « 1  earnestly 
wish  the  admission  of  a  few  additional  states  into  the  confed- 
eracj  m  the  southern  scale."*    "There  is  danger,"  reported 
Otto  to  Vergennes,t  "that  the  discussion  may  become  the 
germ  of  a  separation  of  the  southern  states."    Murmurs  arose 
t]iat  plans  were  forming  in  New  York  for  dismembering  the 
confederacy  and  throwing  New  York  and  New  England  into 
one  government,  with  the  addition,  if  possible,  of  New  Jersey 
a,nd  Pennsylvania.     "  Even  should  the  measure  triumph  under 
the  patronage  of  nine  states  or  even  the  whole  thirteen,"  wrote 
f»T  !S,^«*^^^^'  "i<^  i«  ^ot  expedient  because  it  is  not 
just,   if     The  next  legislature  of  Virginia  unanimously  re- 
solved "that  nature  had  given  the  Mississippi  to  the  United 
States,  that  the  sacrifice  of  it  would  violate  justice,  contravene 
the  end  of  the  federal  government,  and  destroy  confidence  in 
the  federal  councils  necessary  to  a  proper  enlargement  of  their 
authority," 

The  plan  could  not  succeed,  for  it  never  had  the  consent 
of  Spam ;  and  if  it  should  be  formed  into  a  treaty,  the  treaty 
could  never  obtain  votes  enough  for  its  ratification.  In  the 
new  congress.  New  Jersey  left  the  North;  Pennsylvania,  of 
which  a  large  part  lay  in  the  Mississippi  valley,  became  equally 
divided ;  and  Ehode  Island  began  to  doubt.  But  already 
many  of  Virginia's  "  most  federal "  statesmen  were  extremely 
disturbed ;  Patrick  Henry,  who  had  hitherto  been  the  cham- 
pion of  the  federal  cause,  refused  to  attend  the  federal  conven- 
tion that  ho  might  remain  free  to  combat  its  result;  and  an 
uncontrollable  spirit  of  distrust  drove  Kentucky  to  listen  to 
Eichard  Henry  Lee,  and  imperilled  the  new  constitution. 

The  people  of  Virginia,  whose  undisputed  territory  had 
ample  harbors  convenient  to  the  ocean,  and  no  western  limit 
but  the  Mississippi,  had  never  aspired  to  form  a  separate  re- 
public. They  had  deliberately  surrendered  their  claim  to  the 
north-west  territory ;  and  true  to  the  idea  that  a  state  should 
not  be  too  large  for  the  convenience  of  home  rule,  they  sec- 
onded the  desire  of  Kentucky  to  become  a  commonwealth  by 
Itself.     The  opinion  of  Washington  that  the  constitution  would 


*  Monroe  to  Madison,  3  September  1786. 
f  Otto  to  Yergennos,  10  Septembef  1788. 


f  Mad 


ison,  i.,  260. 


I  i' 


,M  ,1 


^J   H 


'1  I 


iWi  N; 


'  fi 


<m 


'.  H 


l.L^M 


424     THE  STATES  RATIFY  THE  CONSTITUTION.  B.iv.;on.v. 

be  adopted  by  Virginia  was  not  shaken.*    Eelieved  from  anx- 
iety at  ]iome,  he  found  time  to  watch  the  gathering  clouds  of 
revolution  in  Europe,  and  shaped  in  his  own  mind  the  foreign 
policy  of  the  republic.     His  conclusions,  which  on  New  Year's 
day  1788  he  confided  to  Jefferson,  his  future  adviser  on  the 
foreign  relations  of  the  country,  were  in  substance  precisely  as 
follows :  The  American  revolution  has  spread  through  Europe 
a  better  knowledge  of  the  rights  of  mankind,  the  privileges  of 
the  people,  and  the  principles  of  hberty  than  has  existed  in 
any  former  period ;  a  war  in  thr,:  quarter  is  likely  to  be  kin- 
dled, especially  between  France  and  England ;  in  the  impend- 
ing Btmggle  an  energetic  general  government  must  prevent 
the  several  states  from  involving  themselves  in  the  political 
disputes  of  the  European  powers.     The  situation  of  the  United 
States  is  such  as  makes  it  not  only  unnecessary  but  extremely 
imprudent  for  tbem  to  take  part  in  foreign  quarrels.     Let 
them  wisely  ^nd  properly  improve  the  advantages  which  na- 
ture has  given  them,  and  conduct  themselves  with  circum- 
spection.    By  that  policy,  and  by  giving  security  to  property 
and  liberty,  they  will  become  the  asylum  of  the  peaceful,  the 
industrious,  and  the  wealthy  from  all  parts  of  the  civilized 
world.f 

^  Nor  did  Washington  cease  his  vigilant  activity  to  confirm 
Virginia  in  federal  opinions.  Especially  to  Edmund  Ran- 
dolph, then  governor  of  Virginia  and  in  the  height  of  his  pop- 
ularity, he  addressed  himself;}:  with  convincing  earnestness, 
and  yet  with  a  delicacy  that  seemed  to  leave  the  mind  of  Ran- 
dolph to  its  own  workings. 

Madison,  likewise,  kept  up  with  Randolph  a  most  friendly 
and  persuasive  correspondence.  As  a  natural  consequence, 
the  governor,  who  began  to  see  the  impossibiHty  of  obtaining 
amendments  without  endangering  the  success  of  the  constitu- 
tion, soon  planted  himself  among  its  defenders ;  while  Monroe, 
leaving  his  inconsistency  unex^olained,  was  drawn  toward  the 
adversaries  of  Madison. 

*  Washington  to  Lafayette,  10  January  1788. 

t  Washincrton  to  Jefferson,  1  January  1788.     Compare  Washington  to  Knox, 
10  January  1788.     MS. 

t  Washington  to  Edmund  Randolph,  8  January  1788.    Sparks,  ix.,  297. 


-I  ii 
1  i 


irss. 


THE  OONSTITDTION  IN  VIRGINIA. 


425 

The  example  of  Massachusetts  had  great  influence  bv  ifa 

malcontents  "  appS'  to  h!  T"  "'°<''^'^'"  "^  *^ 

mission,"  and  evTRth  rd  TT  '^'T'""   ^T  "  '^'"=^"*  ^"^ 

not  do  without  Viminia   anr™  /lio  otiier  states  can- 

terms  we  please"    'ur!'  T  ™  '''°'''"'  *°  *™  ^>'""»t 

foreign  alUane:."  f  '  ""  "'"""^^  """""S^tly  even  to 

morthrr/z,-:':  ittTT  *r  ^f ^'^^  *"°  ^-p-^ 

and  with  a  grL^ZLZuttntTt  '''  "r'""°"' 
while  in  the  seven  northern  strre-p^inerore'^'ot ""' 
crnment  and  largest  holders  of  propertv  tl  e  IZ-  1  f  ^" 
yers  the  clergy  and  men  of  letLTwE;,  a  Jo  t  ^^t,     .  "^' 

Virginia,  too,  where  the  mass  of  the  nooole   tl,™,„i 
joined  to  bo  guided  by  their  favorite  stat'emt' ofaSer^d 
in  rieate  questions,  now,  on  a  question  which  surprsed  »n 
others  ,n  nove%  and  intricacy,  broke  away  from  Ce  " 

,. ,»  Ji  T  .  phenomenon  was  the  more  wonderful 
^  a  the  adversaries  of  the  new  constitution  justified  thd/on' 
p.^u,on  on  heground  of  clanger  to  the  libertiLf  the  peoj^^^^ 

the  untodl'S"'"       ™  '"  '"'  ''^  "=°"""-^  "^^"^  "'»« 

werfmrdo'irfrt'"^*"  "J"'""  *°  "^"°f  Kentucky 
rZnl  '^  surrender  of  the  Mississippi  by  the 

fedeial  government ;  and  the  Baptists,  the  reunion  of  ctarch 
and  state.  1    The  election  of  Madison  to  the  convention  wa. 

•Compare  Cyr»  Grijin  to  Thorn.,  Fil.,r,„„„,,  15  ,,,b„,„„  ,,,, 

f  Jlontoo  to  JLadison,  13  October  1?8J. 
•  M.^tIi,son,  i.,  306,  360. 

f  J«mc«  JlaJiaon,  Sr.,  to  lis  ,on,  SO  Jonuarv  IMa-  ■J.,m„i  .    »      . 
Virgioia,  76,  77.  tfunuory  1788 ;  fecmple'a  Baptists  la 


itt' 


!  n 


^-i 


'•nrh.i 


Wll\ 


t  jlti 


'I  mi 


'M! 


1. 


426      THE  STATES  RATIFY  THE  CONSTITUTION,  b.  iv.  ;  cir.  v. 

held  to  bo  indispensable.*  "  He  will  bo  tlie  main  pillar  of  tlio 
constitution,"  thought  Jefferson ;  "  but  though  an  immensely 
powerful  one,  it  is  questionable  whether  he  can  bear  the  weight 
of  such  a  host."  f  But  the  plan  for  a  southern  confederacy 
was  crushed  by  the  fidelity  of  South  Carolina ;  and  Washing- 
ton, who  had  foreseen  the  issue,  cheered  Madison  on  with  good 
words :  "  Eight  affirmatives  without  a  negative  carry  weight 
of  argument  if  not  eloquence  with  it  that  would  cause  even 
'  the  unerring  sister '  to  hesitate."  X 

On  the  day  appointed  for  the  meeting  of  the  convention  a 
quorum  was  present  in  Eichmond.  It  was  auspicious  that  Ed- 
mund Pendleton,  the  chancellor,  was  unanimously  chosen  its 
president.  The  building  which  would  hold  the  most  listeners 
was  made  the  place  of  meeting,  but  Henry  was  alarmed  at  the 
presence  of  short-hand  reporters  from  the  Philadelphia  press, 
as  he  wished  "  to  speak  the  language  of  his  soul "  *  without  the 
reserve  of  circumspection.  During  the  period  of  the  confedera- 
tion, which  had  existed  but  little  more  than  seven  years,  it  had 
become  known  that  slavery  and  its  industrial  results  divided 
the  South  from  the  Xorth ;  and  this  conviction  exercised  a  sub- 
tle influence. 

George  Mason,  following  the  advice  of  Richard  Henry 
Lee,  II  and  the  precedent  of  JNIassachusetts,  proposed  that  no 
question  relating  to  the  constitution  should  be  propounded 
until  it  should  have  been  discussed  clause  by  clause ;  and  this 
was  acquiesced  in  unanimously.  The  debates  which  ensued 
cannot  be  followed  in  the  order  of  time,  for  Henry  broke 
through  every  rule ;  but  an  outline  must  be  given  of  those 
which  foreshadowed  the  future. 

ratrick  Henry  dashed  instantly  into  the  battle,  saying: 
"  The  constitution  is  a  severance  of  the  confederacy.  Its  lan- 
guage, '  We  the  people,'  is  the  institution  of  one  great  con- 
solidated national  government  of  the  people  of  all  the  states,  in- 
stead of  a  government  by  compact  with  the  states  for  its  agents. 
The  people  gave  the  convention  no  power  to  use  their  name."  ^ 

*  Washington  in  Rivo8,  ii,,  547. 

f  Jefferson,  Randolph'^  cd.,  ii.,  270 ;  in  Rives,  li.,  558 

X  Washington  to  Madison,  2  May  1788.  *  Pcnn.  ±  nclcct,  12  June  1788. 

I  R.  H.  Lee  to  G  Mason,  7  May  1788.    Life  of  R.  H.  L.,  ii.,  89. 

A  Elliot,  iii.,  21-23. 


;3ir  name."  ^ 


,  12  June  1788. 


1788.  THE   CONSTITDTIOI^  IN  VIRGINIA.  427 

"TJie  question,"  said  Randolph,  "is  now  between  union 
and  no  union,  and  I  would  sooner  lop  off  .ay  right  arm  th  i 
consent  to  a  dissolution  of  the  union."-     "Itl  a  national 
government,"  said  George  Mason,  losing  his  self-control  and 
becoming  inconsistent.     "  It  is  ascertained  hy  history  that  there 
never  was  one  government  over  a  very  extensive  country 
^vithout  destroying  the  liberties  of  the  people.     The  power  of 
laying  direct  taxes  changes  the  confederation.     The  general 
government  being  paramount  and  more  powerful,  the  state 
governments  must  gi^ .  way  '  o  it ;  and  a  general  consolidated 
government  IS  oneof  the  worst  curses  that  cai.  befall  a  nation."  + 
There  IS  no  quarrel  uetween  government  and  lIJ)erty," 
said  Pendleton ;  "  the  former  is  the  shield  and  protector  of  the 
latter.     The  expression  •  We  the  people '  is  a  common  one,  and 
with  me  IS  a  fayonte.     Who  but  fhe  people  can  delegate  pow- 
ers or  have  a  nght  to  form  government  ?     The  question  must 
be  between  this  government  and  the  confederation ;  the  latter 
IS  no  government  at  all.     Common  danger,  union,  and  the 
spnt  of  Amenca  carried  us  through  the  war,  and  not  the  con- 
federation of  which  the  moment  of  peace  showed  the  imbecilitv 
Government,  to  be  effectual,  must  have  complete  powers,  a 
legislature,  a  judiciary,  and  executive.     No  gentleman  in  this 
committee  would  agree  to  vest  those  three  powers  in  one  body 
ihe  proposed  government  is  not  a  consolidated  government' 
It  IS  on  the  whole  complexion  of  it  a  government  of  laws  and 
not  of  men."  :j: 

Madison  explained  at  large  that  the  constitution  is  in  part  a 
consohdated  union,  and  in  part  rests  so  completely  on  the 
states  that  its  very  life  is  bound  up  in  theirs.  And  on  another 
day  he  added :  "  The  powers  vested  in  the  proposed  govern- 
ment are  not  so  much  an  augmentation  of  powers  in  the  general 
government  as  a  change  rendered  necessary  for  the  purpose  of 
giving  efficacy  to  those  which  were  vested  in  it  before."  # 

The  opposition  set  no  bounds  to  their  eulogy  of  the  British 

constitution  as  compared  with  the  proposed  one  for  America. 

Ihe  wisdom  of  the  English  constitution,"  said  Monroe,  "has 

given  a  share  of  the  legislation  to  each  of  the  three  branches, 

*  Elliot,  ili.,  25-20. 


VOL.  VI.— 29 


f  Elliot.,  iii.,  29-33.  I  Elliot,  ili.,  35-41. 

**  Elliot,  iii.,  80-97,  and  259. 


'  I 


+  1         '   I 


i  ,  I 


'»L(! 


428     THE  STATES  RATIFY  THE  CONSTITUTION.  B.iv.;on.v. 


It  , 


i:». 


1 1 ' 


I  ■  I 


!  :• 


!   ^i' 


!»■ 


J 


which  enables  it  to  defend  itself  and  to  preserve  the  liberty  of  the 
people.  In  the  plan  for  America  I  can  see  no  real  checlcs."  * 
"  We  have  not  materials  in  this  country,"  said  Grayson,  "  for 
euch  a  government  as  the  British  monarchy ;  but  I  would  have 
a  president  for  life,  choosing  his  successor  at  the  same  time  ;  a 
senate  for  life,  with  the  powers  of  the  house  of  lords ;  and  a 
triennial  house  of  representatives,  with  the  powers  of  the  house 
of  commons  in  England."  f  "  How  natural  it  is,"  said  Henry, 
"  when  comparing  deformities  to  beauty,  to  be  strack  with  the 
superiority  of  the  British  government  to  the  proposed  system. 
In  England  self-love,  self-interest  stimulates  the  executive  to 
advance  the  prosperity  of  the  nation.  Men  cannot  be  depended 
on  without  self-love.  Your  president  will  not  have  the  same 
motives  of  self-love  to  impel  liim  to  favor  your  interests.  His 
pohtical  character  is  but  transient.  In  the  British  government 
the  sword  and  purse  are  not  united  in  the  same  hands ;  in  this 
system  they  are.  Does  not  infinite  security  result  from  a  sepa- 
ration?":!: 

Madison  on  the  fourteenth  replied :  "  There  never  was, 
there  never  will  be,  an  efficient  government  in  which  both  the 
sword  and  purse  are  not  vested,  though  they  may  not  be  given 
to  the  same  member  of  government.  The  sw^ord  is  in  the 
hands  of  the  British  king ;  the  purse  in  the  hands  of  the  par- 
liament. It  is  so  in  America,  as  far  as  any  analogy  can  exist. 
When  power  is  necessary  and  can  be  safely  lodged,  reason 
commands  its  cession.  From  the  first  moment  that  my  mind 
was  capable  of  contemplating  political  subjects  I  have  had  a 
uniform  zeal  for  a  well-regulated  republican  government.  Tlie 
estabHshment  of  it  in  America  is  my  most  ardent  desire.  If 
the  bands  of  the  government  be  ^  elaxed,  anarchy  will  produce 
despotism.  Faction  and  confusion  preceded  the  revolutions  in 
Germany ;  faction  and  confusion  produced  the  disorders  and 
commotions  of  Holland.  In  this  commonwealth,  and  in  every 
state  in  the  union,  the  relaxed  operation  of  the  government 
has  been  sufficient  to  alarm  tlio  friends  of  their  country.  The 
rapid  increase  of  population  strongly  calls  for  a  republican  or- 
ganization. There  is  more  responsibility  in  the  proposed  gov- 
ernment than  in  the  English.     Our  representatives  are  chosen 

*  Elliot,  iii.,  218,  219.  f  Elliot,  iii.,  279.  t  Elliot,  iii.,  581,  388. 


1788.  THE  OOITSTITUTION  IN  VIRGINIA.  ^29 

for  two  years,  in  England  for  seven.   Any  citizen  maybe  elected 

value  of  SIX  hundred  pounds  sterling  can  represent  a  county  • 
nor  a  corporation  without  half  as  much.  If  confidence  be  due 
to  the  government  there,  it  is  due  tenfold  here  "  * 

fWvf'!l  *^r  ^'"?- 'f^  ''  constituted  by  the  constitution 
Henry  on  the  twentieth  exceeded  himself  in  vehemence,  find- 
ing  dangers  to  the  state  courts  by  the  number  of  its  triMmals, 
by  appelate  jurisdictions,  controversies  between  a  state  and 
the  citizens_ of  another  state;  dangers  to  the  trial  bv  iury ;  dan- 
gers  springing  out  of  the  clause  against  the  impainneiii  ;f  the 
obligations  of  a  contract. 

On  the  same  day  Marshall,  following  able  speakers  on  the 
same  side  summed  up  the  defence  of  the  judiciary  system  • 
'Tribunals  for  the  decisions  of  controversies,  whicif  were  be^ 
fore  either  not  at  all  or  improperly  provided  for,  are  here  ap- 
pmnted.     Federal  courts  will  determine  causes  with  the  same 
fairness  and  impartiality  as  the   state  courts.     The  federal 
judges  are  chosen  with  equal  wisdom,  and  they  are  equally  ^r 
more  independent.    Tiie  power  of  creating  a  number  of  courts 
IS  necessary  to  the  perfection  of  this  system.     The  jurisdiction 
of  the  judiciary  has  its  limit.     The  United  States  court  cannot 
ex tend'to  everything,  sinca,  if  the  United  States  were  to  make 
a  law  not  warranted  by  any  of  the  enumerated  powers,  the 
udges  would  consider  It  as  an  infringement  of  the  constitu- 
tion.    The  state  courts  are  crowded  with  suits ;  if  some  of 
them  should  be  carried  to  a  federal  court,  the  state  courts  will 
Btill  have  business  enough.     To  the  judiciaiy  you  must  look 
for  protection  from  an  mfringement  on  the  constitution.     No 
other  body  can  adord  it.    The  jurisdiction  of  the  federal  courts 
over  disputes  between  a  state  and  the  citizens  of  another  state 
has  been  decried  with  unusual  vehemence.     There  is  a  diffi- 
culty in  making  a  state  defendant  which  does  not  prevent  ite 
being  p  aintiff     It  is  not  rational  to  suppose  that  the  sovereign 
power  should  be  dragged  before  a  court.    The  intent  is  to  ena- 
blc  states  to  recover  claims  against  individuals  residing  in  other 
states.     This  construction  is  warranted  by  the  words  » 

On  the  clause  relating  to  impairing  the  obligation  of  con- 

*  Elliot,  iii.,  393-305. 


';i-ifii^ 


.  ■ 

; 

Ir 


:t:      ;     I 


I..-   ,  '      I 


I*.  :'[•'■'  , 


r.  :?^j'  i( 


mm 


430      THE  STATES  KATIFY  THE  CONSTITUTION.  n.iv.;cn.v. 


li 


tracts,  Marshall  said  this :  ''  A  suit  instituted  in  tho  federal 
courts  by  the  citizens  of  one  state  against  tho  citizens  of  another 
state  will  be  institutod  Jti  tho  court  where  tho  defendant  resides, 
and  will  be  detenniu  .J.  !•}  the  laws  of  the  state  where  the  con- 
tract was  made.  Tho  laws  which  govern  the  contract  at  its 
formation  govern  it  at  its  decision.  Whether  this  man  or  that 
man  succeeds  is  to  the  government  all  one  thing.  Congress 
is  empowered  to  make  exceptions  to  the  appellate  jurisdiction 
of  the  supreme  court,  both  as  to  law  and  as  to  fact ;  and  these 
exceptions  certainly  go  as  far  as  the  legislature  may  think 
proper  for  the  interest  and  liberty  of  the  people."  * 

The  planters  of  Virginia  were  indebted  to  British  mer- 
chants to  the  amount  of  ten  millions  of  dollars ;  and  the  Vir- 
ginia legislature,  under  the  influence  of  Henry,  had  withheld 
from  these  creditors  the  right  to  sue  in  the  courts  of  Virginia 
until  England  should  have  fulfilled  her  part  of  the  treaty  of 
peace  by  surrendering  the  western  posts  and  by  making  com- 
pensation for  slaves  that  had  been  carried  away  ;  he  now  cen- 
sured the  federal  constitution  for  granting  in  the  case  retro- 
spective jurisdiction.  Marshall  replied  :  "  There  is  a  difference 
between  a  tribunal  which  shall  give  effect  to  an  existing  right, 
and  creating  a  right  that  did  not  exist  before.  The  debt  or 
claim  is  created  by  the  individual ;  a  creation  of  a  new  court 
does  not  amount  to  a  retrospective  law."  f 

Questions  as  to  the  powers  which  it  would  bo  wise  to  grant 
to  the  general  government,  and  as  to  the  powers  which  had 
been  granted,  divided  the  convention.  The  decision  of  Mary- 
land and  South  Carolina  dashed  the  hope  of  proselyting  Vir- 
ginia to  propose  a  separate  southern  confederacy ;  but  Henry 
on  the  ninth  still  said  :  "  Compared  with  the  consolidation  of 
one  power  to  reign  with  a  strong  hand  over  so  extensive  a 
country  as  this  is,  small  confederacies  are  little  evils.  Virginia 
and  North  Carolina  could  exist  separated  from  the  rest  of 
America."  X  But  he  limited  himself  to  proposing  that  Vir- 
ginia, "  the  greatest  and  most  mighty  state  in  the  union,"  * 
followed  by  North  Carolina  and  by  New  York,  which  state  ho 
announced  as  being  in  high  opposition,  ||  should  hold  the  con- 

*  Elliot,  iii.,  551-560.  +  Elliot,  iil.,  53!),  546,  561. 

t  Elliot,  iii.,  161.  «  Elliot,  iii.,  142.  j  Elliot,  iil.,  157,  183. 


i' Ji 


n.  IV. ;  en.  v. 


1788. 


THE  CONSTITUTION  IN  VIRGINIA. 


481 


e  union, 


Btitution  in  suspense  until  they  had  compelled  the  otlier  states 
to  adopt  the  amendments  on  which  she  should  insist.  He  cited 
Jefferson  as  advising  "to  reject  the  government  till  it  should 
he  amended."  *  Ilandolph  interjireted  the  letter  which  Henry 
had  cited,  as  the  expression  of  a  strong  desire  that  the  govern- 
ment might  he  adcjptod  hy  nine  states  with  Virginia  for  one 
of  the  nine ;  f  and  two  days  later  Pendleton  cited  from  the 
same  letter  the  words  that  "  a  schism  in  our  union  would  ho 
an  incurahle  evil." ;}: 

On  the  eleventh  and  the  seventeenth  Mason  introduced  a 
new  theme,  saying:  "Under  the  royal  government  the  im- 
portation of  slaves  was  looked  upon  as  a  great  oppression ;  hut 
the  African  merchants  prevented  the  many  attempts  at  its 
prohihition.  It  was  one  of  the  great  causes  of  our  separation 
from  Great  Britain.  Its  exclusion  has  been  a  principal  object 
of  this  state  and  most  of  the  states  in  this  union.  The  aug- 
mentation of  slaves  weakens  the  states.  Such  a  trade  is  dia- 
bolical in  itself  and  disgraceful  to  mankind;  yet  by  this  con- 
stitution it  is  continued  for  twenty  years.  Much  as  I  value  a 
union  of  all  the  states,  I  would  not  admit  the  southern  states 
into  tlie  union  unless  they  agree  to  its  discontinuance.  And 
there  is  no  clause  in  this  constitution  to  secure  the  property  of 
that  kind  which  we  have  acquired  under  our  former  laws,  and 
of  which  the  loss  would  bring  ruin  on  a  great  many  people ; 
for  such  a  tax  may  be  laid  as  will  amount  to  manumission."  * 

Madison  equally  abhorred  the  slave-trade  ;  but  on  the  seven- 
teenth answered,  after  reflection  and  with  reserve :  "  The  gen- 
tlemen of  South  Carolina  and  Georgia  argued,  '  By  hindering 
us  from  importing  this  species  of  property  the  slaves  of  Vir- 
ginia will  rise  in  value,  and  we  shall  be  obliged  to  go  to  your 
markets.'  I  need  not  expatiate  on  this  subject ;  great  as  the  evil 
is,  a  dismemberment  of  the  union  would  be  worse.  Under  the 
articles  of  confederation  the  traffic  might  be  continued  forever; 
by  this  clause  an  end  may  be  put  to  it  after  twenty  years. 
From  the  mode  of  representation  and  taxation,  congress  can- 
not  lay  such  a  tax  on  slaves  as  will  amount  to  manumission. 
At  present,  if  any  slave  elopes  to  any  of  those  states  where 


*  Elliot,  iii.,  lf)2. 
f  Elliot,  iii.,  200. 


X  Elliot,  iii.,  804. 
»  Elliot,  iii.,  270,  452. 


.)   ;■ 


'; 

. 

.V       if  ■■ 

■ 

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( 

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i 
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432      THE  STATES  RATIFY  THE  CONSTITUTIOX.  b.  iv,  ;  cu.  v. 

Blaves  arc  free,  lie  becomes  emancipated  by  their  laws ;  in  this 
constitution  a  clause  was  expressly  inserted  to  enable  owners 
of  slaves  to  reclaim  tliem." 

Tyler  supported  ^ladison,  speaking  at  largo  and  with 
warmth :  "  This  wicked  traffic  is  impolitic,  inicpiitous,  and  dis- 
graceful. It  was  one  cause  of  the  complaints  against  British 
tyraimy ;  nothing  can  justify  its  revival.  But  for  this  tem- 
porary restriction,  congress  could  have  prohibited  the  African 
trade.  My  earnest  desire  is  that  it  should  be  handed  down  to 
posterity,  that  I  have  0])poscd  this  wicked  clause."  * 

On  the  twenty-fourth  Henry  raised  a  new  cry  on  the  dan- 
ger of  emancipation :  "  The  great  object  of  national  govern- 
ment is  national  defence ;  the  northern  states  may  call  forth 
every  national  resource ;  and  congress  may  say,  '  Every  black 
man  must  fight.'  In  tlie  last  war  acta  of  assembly  set  free 
every  slave  who  v/ould  go  into  the  army.  Slavery  is  detested ; 
we  feel  its  fatal  effectd ;  we  deplore  it  with  all  the  pity  of  hu- 
manity. Let  that  urbanity  which  I  tnist  will  distinguish 
Americans,  and  tlie  necessity  of  national  defence,  operate  on 
their  minds  ;  they  have  the  power,  in  clear,  unequivocal  terms, 
to  pronounce  all  slaves  free,  and  they  will  certainly  exercise 
the  power.  Much  as  I  deplore  slavery,  I  see  that  the  general 
government  ought  not  to  set  the  slaves  free ;  for  the  major- 
ity of  congress  is  to  the  North  and  the  slaves  are  to  the 
South."  t 

The  governor  of  Yirginia  first  showed  that  the  constitution 
itself  did  not,  even  in  the  opinion  of  South  Carolina,  menace 
enfranchisement ;  and  thus  proceeded  :  "  I  hope  that  tliere  is 
no  one  here  who,  considering  the  subject  in  the  calm  light  of 
philosophy,  will  advance  an  objection  dishonorable  to  Virginia; 
that,  at  the  moment  they  are  securing  the  rights  of  their  citi- 
zens, tliere  is  a  spark  of  hope  that  those  unfortunate  men  now 
held  ill  bondage  may,  by  the  operation  of  the  general  govern- 
ment, be  made  free."  ^ 

The  representative  from  Augusta  county,  Zachariah  John- 
son, complained  that  the  bill  of  rights  which  the  convention 
was  preparing  as  an  amendment  to  the  constitution  did  not  ac- 
knowledge that  all  men  are  by  nature  equally  free  and  inde- 
*  Elliot,  Hi.,  463,  454,  455.  f  Elliot,  ill,  590.  f  Elliot,  iii.,  598. 


irss. 


THE  CONSTITUTION  IN  VIRGINIA. 


48a 

pendent.  "Gentlemen  tell  us,"  be  said,  "that  they  see  a  pro- 
gressive danger  of  bringing  about  cinanelpation.  The  total 
abolition  of  slavery  wo.Jd  do  much  good.  The  princinlo  has 
begun  since  the  rovoluti.;  .  Let  us  do  what  v.o  may.  it  wiU 
come  round."*  *" 

To  the  declamation.  J  J  :  i,ry  that  the  adoption  of  the  con- 
stitution would  be  the  roTM  ..lation  of  the  right  to  navigate  the 
Mississ.pp,,  Madison,  oi,    hu  l.velfth,  after  a  candid  relation  of 
what  had  transpired  in  congress,  and  giving  the  information 
that  New  Jersey  and  Pennsylvania  were  now  strenuous  against 
even  any  temporary  cession  of  the  navigation  of  that  river, 
made  the  further  irrefragable  reply:  "The  free  navigation  of 
he  Mississippi  IS  our  right.     The  confederation  is  so  weak 
that  It  has  not  formed,  and  cannot  form,  a  treaty  which  will 
secure  to  us  the  actual  enjoyment  of  it.     Under  an  efficient 
government  alone  shall  we  bo  able  to  avail  ourselves  fully  of 
our  right.     The  new  government  will  have  more  strength  to 
enforce  it."     "  Should  the  constitution  be  adopted,"  said  Mon- 
roe  on  the  thirteenth,  "  the  northern  states  will  not  fail  to  re- 
hnquish  the  Mississippi  in  order  to  depress  the  western  country 
and  prevent  the  southern  interest  from   preponderating." + 
To  preserve  the  balance  of  American  power,"   continued 
Henry  "  it  is  essentially  necessary  that  the  right  of  the  Missis- 
sippi should  be  secured,  or  the  South  will  ever  be  a  contempti- 
ble minority."  ^  ^ 

"This  contest  of  the  Mississippi,"  said  Grayson  on  the  four- 
teenth, "18  a  contest  for  empire,  in  which  Virginia,  Kentucky, 
the  southern  states  are  deeply  interested.  It  involves  this 
groat  national  question,  whether  one  part  of  the  continent  shall 
govern  the  other.  From  the  extent  of  territory  and  fertility 
of  soil,  God  and  nature  have  intended  that  the  weiglit  of  popu- 
lation should  be  on  the  southern  side.  At  present,  for  various 
reasons,  it  is  on  the  other.  If  the  Mississippi  be  shut  up,  emi- 
grations will  be  stopped  entirely;  no  new  states  will  be  formed 
on  the  western  waters;  and  this  government  will  be  a  govern- 
ment of  seven  states."  #  To  the  last  Grayson  said :  "  The 
seven  states,  Avhich  are  a  majority,  being  actually  in  possession, 


*  Elliot,  iii.,  618. 
t  Elliot,  iii.,  340. 


t  Elliot,  iii.,  352. 
«  Elliot,  iii.,  365,  366. 


I 


;,f-t 


1 

m 

;      ':■ 

f       * 

'  'i 

;    \ 

1 

-  i' 

i 

i 

1 

434 


THE  STATES  RATIFY  THE  CONSTITUTION. 


I 


i 


M   ' 


Hi    ) 


ill  I 


<  . 


will  never  admit  any  southern  state  into  the  union  so  as  to  lose 
that  majority."  * 

The  power  of  the  government  to  establish  a  navigation  act 
by  a  bare  majority  was  bitterly  complained  of  by  Geoige  Ma- 
son ;  t  by  Grayson,  who  complained  that  the  interests  of  the 
carrying  states  Avould  govern  the  producing  states ; ;}:  by  Tyler 
Hvho  mourned  over  his  own  act  in  having  proposed  to  cede  the 
regulation  of  commerce  to  the  confederation,  since  it  had  led 
to  the  grant  of  powers  too  dangerous  to  be  trusted  to  any 
set  of  men  whatsoever.*^     Complaint  was  further  made  that 
treaties  were  to  go  into  effect  without  regard  to  the  opin- 
ion of  the  house  of  representatives ;  and  especially  that  there 
was  no  bill  of  rights,  and  that  there  was  no  explicit  reserva- 
tion of  powers  not  delegated  to  the  general  government.     In 
some  parts  of  the  country  the  settlers  were  made  to  dread  a 
resuscitation  of  old  land  companies  through  the  federal  judi- 
ciary. 

The  prohibition  on  the  states  to  issue  paper  money  weighed 
on  the  minds  of  the  debtor  class ;  but  it  was  not  much  dis- 
cussed, for  on  that  point  George  Mason  and  Eichard  Henry 
Lee  were  the  great  leaders  in  favor  of  the  supi)ression  of  paper 
money  "  as  founded  upon  fraud  and  knavery."  ||  And  Mason 
had  forced  the  assembly  of  Virginia  in  their  last  session  to 
adopt  a  series  of  resolutions  declaring  that  paper  currency 
created  scarcity  of  real  money,  and  substituted  for  the  real 
standard  of  value  a  standard  variable  as  the  commodities  them- 
selves, ruining  trade  and  commerce,  weakening  the  morals 
of  the  people,  destroying  public  and  private  credit  and  all  faith 
between  man  and  man,  and  aggravating  the  very  evils  which 
it  was  intended  to  remedy.^  And  yet  there  were  those  in  the 
convention  whose  votes  were  swayed  by  the  consideration  that, 
if  the  constitution  should  be  established,  there  would  be  an  end 
of  inconvertible  bills  of  credit  forever.  But  that  which  af- 
fected the  decision  more  than  anything  else  was  that  the  con- 
stitution would  bring  w^ith  it  to  British  creditors  a  right  to 

*  Elliot,  lii.,  C85.  f  Elliot,  iii.,  604. 

t  Elliot,  iii.,  016.  «  Elliot,  iii.,  640,  C41. 

[  George  Mason  to  Wa^iington,  6  November  17o7,  in  Letters  to  G.  \V.,  iv.,  190. 

*  Independent  Gazetteer,  17  November  1787. 


1788. 


THE  CONSTITUTION-  IN  VIRGINIA. 


435 

recover  through  the  federal  courts  claims  on  Virginia  planters 
for  abt  at  ten  millions  of  dollars. 

The  discussion,  had  been  temperately  conducted  till  lust 
at  the  last,  when  for  a  moment  pretending  that  the  acceptance 
of  tlie  constitution  would  make  an  end  of  the  trial  by  iurv 
Henry  .said,  on  the  twentieth  :  "Old  as  I  am,  it  is  probable  I 
may  y ^t  have  the  appellation  of  rebel.     But  my  neighbors 
will  p.otect  me"-     This  daring  drew  out  the  reply  that 
Yirgmua  would  be  in  arms  to  support  the  constitution;  and 
on  tho  twenty-fifth  James  Innes  of  Williamsburg,  quoting 
against  him  his  own  words,  said:  "I  observe  with  regret  a 
genero'  spirit  of  jealousy  with  respect  to  our  northern  brethren. 
If  we  iiad  had  it  in  1775  it  would  have  prevented  that  unani- 
mous resistance  which  trinmphed  over  our  enemies;  it  was  not 
aYirgunan,  a  Carolinian,  a  Pennsylvanian,  but  the  glorious 
name  o.  an  American,  that  extended  from  one  end  of  the  con- 
tinent to  the  other."  f     But  the  feeling  was  soon  pacified,  and 
the  last  words  of  Henry  himself  were  :  "  If  I  shall  be  in  the 
minority  I  shall  yet  be  a  peaceable  citizen,  my  head,  my  hand 
and  my  heart  being  at  liberty  to  remove  the  defects  of  the 
system  m  a  constitutional  way."  +     The  last  word  >^as  from 
the  governor  of  Virginia:  "The  accession  of  eight  states  re- 
uZl  "'^'  '^'^^^'''^^°"'  *^  *^^  ^^"g^«  anestion  of  union  or  no 

For  more  than  three  weeks  the  foes  of  the  constitution  had 
kept  up  the  onset,  and  day  after  day  tbsy  had  been  beaten 
back  as  cavalry  that  tries  in  vain  to  break  the  ranks  of  in- 
fantry. For  more  than  three  weeks  Henry  and  Grayson  and 
Mason  renewed  the  onslaught,  feebly  supported  by  Monroe, 
and  greatly  aided  by  the  weight  of  character  of  Benjamin 
Ilamsonand  John  Tyler;  day  by  day  they  were  triumphantly 
encountered  by  Madison,  on  whom  the  defence  of  the  con- 
stitution mainly  rested ;  by  Pendleton,  who,  in  spite  of  in- 
creased mtirmitics,  was  moved  even  more  deeply  than  in  the 
beginning  of  the  revolution  ;  and  by  the  popular  eloquence  of 
lumdolph.     These  three  champions  were  well  seconded  by 


*  Elliot,  lii.,  546. 
f  Elliot,  iii.,  033. 


t  Elliot,  iii.,  652. 
*  ibid. 


61    (^ 


k    I 


m. 


¥ 


I 


>  t\\ 


• 

V 

i. 

^  i 

436      THE  STATES  KATIFY  THE  CONSTITCJTION.  b.  iv.  ;  en.  v. 

George  Nicholas,  John  Marshall,  James  Inncs,  Henry  Lee, 
and  Francis  Corbin.* 

On  the  twenty-fifth,  after  debates  for  three  weeks,  the  mal- 
contents had  no  heart  for  further  resistance.     The  convention 
was  willing  to  recommend  a  bill  of  i-ights  in  twenty  sections, 
with  twenty  other  more  qnestionable  amendments.     The  first 
motion  was:  "Ought  the  declaration   of  rights  and  amend- 
ments of  the  constitution  to  be  referred  by  this  convention  to 
the  other  states  in  the  American  confederacy  for  their  con- 
sideration previous  to  the  ratification  of  the  new  constitution 
of  government?"     It  was  lost,  having  only  eighty    voices 
against  eighty-eight.     Then  the  main  question  was  put,  that 
the  constitution  be  ratified,  referring  all  auKjndments  to  the 
first  congress  under  the  constitution.     The  decision  would  be 
momentous,   not  for  America  only,   but  the  whole  world. 
Without  Virginia,  this  great  country  would  have  been  shivered 
into  fragmentary  confederacies,  or  separate  independent  states. 
The  roll  was  called  ;  and  eighty-nine  delegates,  cldefly  from 
the  cities  of  Eichmoud  and  A\''illiamsburg,  from  counties  near 
the  ocean,  from  the  northern  neck,  from  the  north-western 
border  counties,  and  from  the  counties  between  the  Blue  Ridge 
and  the  Alleghanies,  voted  for  the  constitution.    Seventy-nine, 
mainly  from  other  central  and  southern  border  counties,  and 
from  three  fourths  of  the  counties  of  Kentucky,  cried  Xo. 

The  committee  for  reporting  the  form  of  ratification  were 
Randolph,  Nicholas,  :Madison,  Marshall,  and  Corbin— all  from 
among  the  stauchest  supporters  of  the  constitution. 

In  tlie  form  which  was  adopted  they  connected  with  the 
ratification  "  a  few  declaratory  truths  not  affecting  the  validity 
of  the  act ; "  f  and  shielded  tlie  rights  of  the  states  by  the  as- 
sertion "  that  every  power  not  granted  by  the  constitution  re- 
mains for  the  people  of  the  United  States  and  at  their  will."  + 
After  the  vote  was  taken,  the  s'lccessful  pavty  were  careful 
not  to  ruffle  their  opponents  by  exultation.  Henry  showed  his 
genial  nature,  free  from  all  malignity.  lie  was  like  a  billow 
of  the  ocean  on  the  first  bright  day  after  the  storm,  dashing 
itself  against  the  rocky  cliff,  and  then,  sparkling  with  light,  re- 

*  Compare  Rives,  ii.,  5(31, 

t  Madirion  to  Washington,  in  Rives,  ii.,  608.  ^  Elliot,  ili.,  656. 


•y^ 


1788. 


TOE   CO:;fSTITUTION  m  VIRGINIA. 


437 


treating  to  its  home.     It  was  more  difficult  for  Mason  to  calm 
tlie  morbid  sensibility  of  his  nature  and  to  heal  his  sorrow  at 
havmg  abandoned  one  of  the  highest  places  of  honor  amon<^ 
the  fathers  of  the  constitution  which  he  had  done  so  much  to 
mitiate,  to  form,  and  to  improve.    He  was  pacified  by  words 
from  Ilan-ison  and  from  Tyler,  who  held  it  the  duty  of  good 
citizens  to  accept  the  decision  of  the  majority,  and  hy  precept 
and  example  to  promote  harmony  and  order  and  union  amonc. 
their  fellow-citizens.    But  that  which  did  most  to  soothe  the 
minority  was  their  trust  in  Washington.     "  For  the  president  " 
said  Mason,  "  there  seldom  or  never  can  be  a  majority  in  favor 
of  one,  except  one  great  name,  who  will  be  unanimously  elect- 
ed. ''  Were  it  not  for  one  great  character  in  America  " 
said  Grayson,  "  so  many  men  would  not  be  for  this  govern- 
ment.    Wo  do  not  fear  while  he  hves ;  but  who  beside  him 
can  concentrate  the  confidence  and   affections  of  all  Amer- 
ica? "f    And  Monroe  reported  to  Jefferson:  '<J3g   assured 
Washington's  influence  carried  this  government."  ^  ' 
Nor  was  that  influence  confined  to  Virginia  alone.     The 
country  was  an  instrument  with  thirteen  strings,  and  the  only 
master  who  could  bring  out  all  their  hai-monious  thought  was 
Washington.     Had  he  not  attended  the  federal  convention,  its 
work  would  have  met  a  colder  reception  and  more  strenuous 
opponents.     Had  the  idea  prevailed  that  he  would  not  accept 
the  presidency,  it  would  still  liave  proved  fatal.* 

Virginia  lost  the  opportunity  of  being  the  ninth  state  to 
constitute  the  union.  AVhile  the  long  winter  of  New  Hamp- 
shire  intercepted  the  labors  of  husbandry,  the  fireside  of  the 
freeholders  in  its  hundreds  of  townships  became  the  scene  for 
discussing  the  merits  of  the  federal  constitution  with  tlie  dele- 
gates of  tlieir  choice  and  with  one  another.  Their  convention 
reassembled  in  June.  Four  days  served  them  to  discuss  the 
constitution,  to  prepare  and  recommend  twelve  articles  of 
amendment,  and,  by  fifty-seven  voices  against  forty-six,  to 
ratify  the  constitution.  They  took  care  to  insert  in  their 
record  that  their  vote  was  taken  on  Saturday,  tlio  twenty-first 


*  Elliot,  iii.,  493;  and  compare  134. 
t  Monroe  to  Jefferson,  12  July  1788. 

*  Life  of  Morris  by  Sparka,  i.,  289,  '290, 


f  Elliot,  Hi.,  016. 


^ti'r 


i  l\ 


liii  ■=.  ii 


l<;« 


438      THE  STATES  RATIFY  THE   CONSTITUTION,  e.  iv.  ;  cii.  v. 

of  June,  at  one  o'cloclc  in  the  afternoon,  that  Yirginia  by  a 
vote  at  a  later  hour  of  the  same  day  might  not  dispute  with 
them  the  honor  of  giving  life  to  the  constitution.* 

By  their  decision,  accompanied  by  that  of  Yirginia,  the 
United  States  of  America  came  formally  into  existence.  As 
the  glad  tidings  fiew  through  the  land,  the  heart  of  its  people 
thrilled  with  joy  that  at  last  the  tree  of  union  was  firmly 
planted.  Never  may  its  trunk  be  riven  by  he  lightning ;  nor 
its  branches  crash  each  other  in  the  maddenmg  storm ;  nor  its 
beauty  wither ;  nor  its  root  decay. 

*  Tobias  Lear  to  Washington,  22  June  1788.    Letters  to  Washington,  iv.,  226. 


liNiMl 


!"  !! 


Ill 


B.  IV. ;  cu.  V. 


THE 


FORMATIO.V  OF  THE  CONSTITUTIO^f 


OF  THE 


UlS-ITED    STATES    OF   AMEEIOA, 


m  FIVE  BOOKS. 


BOOK  FIFTH. 
THE  FEDERAL  GOVERI^MENT. 


June,  1787. 


It 


;t .  J  iu. 


i 
t     I 


I- If:.: 


4  '41 


I 


!     -ft 


it  m 


m 


hi    '!« 


i 


'M  'i4 


i' 

(1 

ii.i  ' 


"W'W 


,lyv4i 


fh 


CHAPTER  I. 

THE  CONSTITUTION. 

1787. 

man , "  b„t  it  lad  its  W„n  "era  '  "  "'"*  ^^P"^''  "* 

^d  had  .taMished  thei.-  „„i„„  i„  „  Ii;:;Zr„..d;LS 
George  Fox  and  William  Penn,  Wer  ^YmL^^    iTf' 

with  Loelve,  for  evil  as  well  as  for  eood  •  all  tl,'.  „  "*™^ 
traders  that  sat  on  thrones  orwere  fosCd  b^"  iaCt  ^d 
the  phdanhropist  Oglethorpe,  who  fonndedl.  colony  e'Ju 
vely  of  the  free  on  a  territo.7  twieo  as  large  as  France  ™d 
though  he  had  to  monrn  at  the  overthrow  of  hfa  Zrf^r 
liberty,  hvcd  to  see  his  plantation  independent.  ^ 

There  were  other  precursors  of  the  federal  government- 
but  the  n«n  who  framed  it  followed  the  lead  of  no  l~li 
wnter  of  the.r  own  or  preceding  times.  They  harboXo  de 
6ire  of  re™lution,  no  craving  after  untried  e.perimVnt,  Tl^t 
"ought  from  the  elements  which  wer^  at  ifanTand  sllncd 
them  0  meet  the  new  exigencies  which  had  arisen  Th'^t 
possible  reference  was  made  by  them  to  abstract  doct^ine^' 


t    I, 


'  <^ 


>\i 


U'.:l>i 


}     I 


r    ii 


ijliii 

Mil' 


il 


•■  r;  iiiiiif 

'i! 

;  I     •       J' 


'"  h 


'{• 


442 


THE  FEDERAL  GOVERNMENT. 


D.  V. ;  en.  I. 


tliey  moulded  tlielr  design  by  a  creative  power  of  tlieir  own, 
but  nothing  was  introduced  that  did  not  already  exist,  or  was 
not  a  natural  development  of  a  well-known  principle.  The 
materials  for  building  the  American  constitution  were  the  gifts 
of  the  ages. 

Of  old,  the  family  was  the  rudiment  of  the  state.  Of  the 
Jews,  the  organization  was  by  tribes.  The  citizens  of  the  com- 
mon weal  tlis  of  the  Hellenes  were  of  one  blood.  Among  the 
barbarous  tribes  of  the  fourth  continent,  the  governments  and 
the  confederacies  all  rested  on  consanguinity.  Nations,  as  the 
word  implied,  were  but  large  communities  of  men  of  one  kin  ; 
and  nationalities  survive  to  this  day,  a  source  of  strength  in 
their  unity,  and  yet  of  strife  where  two  or  more  of  them  exist 
in  their  original  separateness  and  are  nevertheless  held  in  sub- 
jection under  one  ruler.  Eome  first  learned  to  cherish  the 
human  race  by  a  common  name  and  transform  the  vanquished 
into  citizens. 

The  process  of  assimilation  which  Home  initiated  by  war 
received  its  perfect  development  in  the  land  wliere  the  Dutch 
and  the  Swedes,  and  in  the  country  north-west  of  the  Ohio  the 
French,  competed  in  planting  colonies  ;  where  tlie  English,  the 
Irish,  the  Scotch  for  the  most  part  came  over  each  for  liimself, 
never  reproducing  their  original  nationality  ;  and  where  from 
the  first  fugitives  from  persecution  of  all  nations  found  a  safe 
asylum.  Though  subjects  of  the  English  king,  all  were  pres- 
ent in  America  as  individuals. 

The  English  language  maintained  itself  without  a  rival,  not 
merely  because  those  speaking  it  as  tlieir  mother  tongue  very 
greatly  outnumbered  all  others,  and  because  all  acknowledged 
English  supremacy ;  but  for  the  simf)licity  of  its  structure ;  its 
logical  order  in  the  presentment  of  thought ;  its  suitableness 
for  the  purposes  of  every-day  life ;  for  the  discussion  of  ab- 
stract truths  and  the  apprehension  of  Anglo-Saxon  political 
ideas  ;  ior  the  instrument  of  the  common  law  ;  for  science  and 
observation  ;  for  the  debates  of  public  life ;  for  every  kind  of 
poetry,  from  humor  to  pathos,  from  descriptions  of  nature  to 
the  action  of  the  heart  and  mind. 

But  the  distinctive  character  of  the  new  people  as  a  whole, 
their  nationality,  so  to  say,  was  the  principle  of  individuaUty 


i 


1787. 


THE  CONSTITUTION. 


443 

which  prevailed  among  tbom  as  it  had  nowhere  done  before 
Th,8  md.vKluahty  ™  strengtheDed  by  the  straggles  with  Sa- 
are  ,n  her  wddness,  by  the  remotcnes,  from  the  abodes  o    an- 
cient mstitntions,  by  the  war  against  the  traditions  of  absolnte 
power  and  od  supe^titions,  till  it  developed  itself  into  the 
most  perfect  hberty  in  thought  and  action  ;  so  that  the  Ameri! 
can  came  to  be  marked  by  the  readiest  versatility,  the  spirit  of 
en  erpr^e,  and  the  faculty  of  invention.    In  the  declaration  of 
ndependence  the  representatives  o£,  the  United  States  called 
themselves  "the  good  people  of  these  colonics."    The  stated 
men  who  drew  the  law  of  citizenship  in  177fl  made  no  d  sttet 
t.on  of  nafonahfes,  or  tribes,  or  ranks,  or  occupations,  or  faith 
or  wealth,  and  knew  only  inhabitants  bcai-iug  allegiance  to  the 
governments  of  the  several  states  in  union 

Again,  this  character  of  the  people  appeared  most  clearly 
n  the  omt  aet.on  of  the  United  States  in  the  federal  conven 
tion,  where  the  variant  prejudices  that  still  clung  to  sepa^to 
states  ehmmated  each  other.  'i-parare 

The  constitution  establikes  nothing  that  interferes  with 
cqual.ty  and  mdividuality.    It  knows  nothing  of  differel^ 
by  descent  or  opinions,  of  favored  classes,  or  legalized  religion 
or  the  poh  ,cal  power  of  property.    It  leaves^he  indiS 
al  n^>de  of  the  mdividual.    No  nationality  of  character  could 
take  form  except  on  the  principle  of  individuality,  so  that  the 
mmd  might  be  fl^ee,  and  every  faculty  have  the  unlimited  op- 
portum  y  for  ,ts  development  and  culture.     As  the  sea  is  made 
up  ot  drops  American  society  is  composed  of  separate,  free 
and  constantly  moving  atoms,  ever  in  reciprocal  action,  advano^ 
mg  receding,  crossing,  struggling  against  each  other  and  with 
on  h  other ;  so  that  the  institutions  and  laws  of  the  country  rise 
on  of  the  masses  of  mdividual  thought,  which,  like  the  w4tera 
01  tne  ocean,  are  rolling  evermore. 

Th  J^'  "Z^'f^  individualitj  was  extended  ^  never  before. 
The  synod  of  the  Presbyterians  of  New  York  and  Pbiladel- 
plna,  a  denomination  inflexibly  devoted  to  its  own  creed,  in 
heir  p^toral  letter  of  May  1783,  published  their  joy  that  "the 
nghts  of  conscKwe  are  inalienably  secured  and  Lterwoven 
with  the  very  constitutions  of  the  several  states."  Religion 
waa  become  avowedly  the  attribute  of  man  nn^  n-t  -*  •-•-- 

vox,.  Ti. — oO  ~  "*       ■'''  "-^    =*  »;-w-i- 


.ill'!. 


444 


THE  FEDERAL  GOVERNMENT. 


B.  V.,'  OH.  I. 


M 


I 


poration.    In  the  earliest  states  k!lo^vn  to  history,  govemmeiit 
and  religion  were  one  and  indivisible.    Each  state  had  its 
special  deity,  and  of  these  protectors  one  after  another  might 
be  overthrown  in  battle,  never  to  rise  again.     The  Peloponne- 
sian  war  grew  out  of  a  strife  about  an  oracle.     Home,  as  it 
adopted  into  citizenship  those  whom  it  vanquished,  sometimes 
introduced,  and  with  good  logic  for  that  day,  the  worship  of 
their  gods.     No  one  thought  of  vindicating  liberty  of  rehgion 
for  the  conscience  of  the  iudividual  till  a  voice  in  Judea,  break- 
ing day  for  the  greatest  epoch  in  the  life  of  humanity  by  estab- 
lishing for  all  mankind  a  pure,  spiritual,  and  universal  religion, 
enjoined  to  render  to  Caesar  only  that  which  is  Caesar's.     The 
rule  was  upheld  during  the  infancy  of  this  gospel  for  all  men. 
No  sooner  was  the  religion  of  freedom  adopted  by  the  chief  of 
the  Eoman  Empire,  than  it  was  shorn  of  its  character  of  uni- 
versality and  enthralled  by  an  unholy  connection  with  the  unholy 
state;  and  so  it  continued  till  the  new  nation— the  least  defiled 
with  the  barren  scofRngs  of  the  eighteenth  century,  the  most 
sincere  believer  in  Christianity  of  any  people  of  that  age,  the 
chief  heir  of  the  reformation  in  its  purest  form— when  i^t  came 
to  establish  a  government  for  the  United  States,  refused  to  treat 
faith  as  a  matter  to  be  regulated  by  a  corporate  body,  or  having 
a  headship  in  a  monarch  or  a  state. 

Vindicating  the  right  of  individuality  even  in  religion,  and 
in  religion  above  all,  the  new  nation  dared  to  set  the  example 
of  accepting  in  its  relations  to  God  the  principle  first  divinely 
ordained  in  Judea.  It  left  the  management  of  temporal  things 
to  the  temporal  power ;  but  the  American  constitution,  in  hal'- 
mony  with  the  people  of  the  several  states,  withheld  from  the 
federal  government  the  power  to  invade  the  home  of  reason, 
the  citadel  of  conscience,  the  sanctuary  of  the  saul ;  and  not 
from  indifference,  but  that  the  infinite  spirit  (.f  eternal  truth 
might  move  in  its  feedom  and  purity  and  power. 

With  this  perfect  individuality  extending  to  conscience, 
freedom  should  have  belonged  to  labor.  What  though  slavery 
existed  and  still  exists  in  the  older  states  known  to  history,  in 
Egypt,  in  China,  coming  down  continuously  from  an  unknown 
date ;  what  though  Aristotle  knew  no  mode  of  instituting  a 
republican  household  but  with  a  slave;  and  Julius  Cjesar, 


iTsr. 


THE  CONSTITDTIOK. 


onscienee. 


446 

when  Italy  was  j,emhing  by  tho  vastnoss  of  its  slave  estates 

crowded    hem  with  new  hordes  of  captives  J    What  *o«gh 

the  slave-trade  was  greedily  continued  under  the  passionate 

enco,,ragement  of  the  British  parliament,  and  that  in  nearl 

all  of  the  continent  of  Europe  slavery  in  some  of  its  forms 

prevaded  J    In  America,  freedom  of  labor  was  the  moral  prin 

c.ple  of  the  majority  of  tho  people ,  w,«  established,  or  movfnB 

toward  immchate  establishment,  in  a  majority  of  the  stat^^ 

was  by  the  od  confederation,  wilh  the  Vomptest  and  oft! 

e,«ated  sanet.on  of  the  new  government,  irrevocably  ordain  d 

n  all  the  terntory  for  which  tho  United  States  could  at  that 

tnne  make  the  law     The  feder-al  convention  could  not  into 

en.  w.th  the  slave  laws  of  tho  separate  states;  but  it  was  ca^ 

ful  to  impose  no  new  incapacitation  on  free  pei^ns  of  color  • 

tZTT^  "T.  "  ""  *'"  "«'"«  »f  ''•I"''  citizenship,"; 
granted  those  rights  to  the  emancipated  slave ;  and  it  kept  to 
Itself  the  authority  to  abohsh  the  slave-tmde  inst^mtly  in  any  ter! 
ntory  tha  might  be  annexed ;  in  all  other  states  and  laniat 
the  earliest  moment  for  which  it  had  been  able  to  obtain  power 
The  tripartite  division  of  government  into  legislative, 
executive,  and  judicial  enforced  in  theory  by  the  iUustriou 
Montesquieu,  and  practiced  in  tho  home  government  of  everv 

from  their  own  happy  experience.  It  was  established  by 
the  federal  convention  with  a  rigid  consistency  that  went  Z 
yond  the  example  of  Britain,  where  one  branch  of  the  legi  - 
lature  was  still  a  court  of  appeal.  Each  one  of  the  three  de- 
par  mens  proceeded  from  the  people,  and  each  is  endlv^ 
with  all  the  authority  needed  for  its  just  activity.  The  nrS 
den  may  recommend  or  dissuade  from  enaetme'^H  and  ha 
limited  veto  oa  them  ;  but  whatever  becomes  a  law  he  mLt 
execute.  The  power  of  tlie  legislatu,.  to  enact  is  lirewiseTn 
controlled  except  by  the  paramount  law  of  the  constitutio". 

m!£^'^'^'^V^''  '™'^'^'^'  *^'  .nay  be  presented, 
and  Its  decision  on  the  case  is  definitive ;  but  without  further 
authority  oyer  the  executive  or  the  legislature,,  for  the  oonven- 
tion^had  wisely  refused  to  make  the  judges  a  council  to  either 


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Photographic 

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Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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446 


THE  FEDERx\L  GOVERNMENT. 


B.  V. :  OH.  I 


Tripartite  division  takes  place  not  only  in  the  threefold 
powers  of  government ;  it  is  established  as  the  mode  cf  legis- 
lation.   There,  too,  three  powers,  proceeding  from  the  people, 
must  concur,  except  in  cases  provided  for,  before  an  act  of 
legislation  can  take  place.    This  tripartite  division  in  the  power 
of  legislation— so  at  the  time  wrote  Madison,  so  thought  all  the 
great  builders  of  the  constitution,  so  asserted  John  Adams 
with  vehemence  and  sound  reasoning— is  absolutely  essential 
to  the  liuccess  of  a  federal  republic  ;  for  if  all  legislative  pow- 
ers are  vested  in  one  man  or  in  one  assembly,  there  is  despot- 
ism ;  if  in  two  branches,  there  is  a  restless  antagonism  between 
the  two ;  if  they  are  distributed  among  three,  it  will  be  hard 
to  unite  two  of  them  in  a  fatal  strife  with  the  third.    But  tlie 
executive,  and  each  of  the  two  chambers,  must  be  so  chosen  as 
to  have  a  character  and  strength  and  popular  support  of  its 
own.     The  government  of  the  United  States  is  thoroughly  a 
government  of  the  people.     By  the  English  aristocratic  revo- 
lution of  1688,  made  after  the  failure  of  the  popular  attempt 
at  reform,  the  majority'  of  the  house  of  commons  was  in  sub- 
stance composed  of  nominees  of  the  house  of  lords,  so  that  no 
ministry  could  prevail  in  it  except  by  the  power  of  that  house ; 
and  as  the  prime  minister  and  cabinet  depend  on  the  majority 
in  the  house  of  commons,  the  house  of  lords  directly  controlled 
the  government  not  only  in  its  own  branch  but  in  the  com- 
mons, and  through  the  commons  in  the  nomination  of  the  min- 
istry.   All  three  branches  of  the  government  were  in  harmony, 
for  in  those  days,  before  the  house  of  commons  had  entered 
successfully  upon  its  long  struggle  for  reform  of  the  mode  of 
its  election,  all  three  branches  represented  the  aristocracy.     In 
the  United  States,  on  the  other  hand,  all  the  branches  of  power 
—president,  senators,  and  representatives— proceed  directly  or 
indirectly  from  the  people.     The  government  of  the  United 
States  is  a  government  by  the  people,  for  the  people. 

To  perfect  the  system  and  forever  prevent  revolution, 
power  is  reserved  to  the  people  by  amendments  of  their  con- 
stitution to  remove  evory  imperfection  which  time  may  lay 
bare,  and  adapt  it  to  unforeseen  contingencies.  But  no  change 
can  be  hastily  made.  An  act  of  parliament  can  at  any  time 
alter  the  constitution  of  England;  no  similar  power  is  dele- 


'■  \ 


(,-   ; 


m 


irsr. 


THE  OOSSTITlmON. 


447 


gated  to  the  congress  of  the  TTnltn,!  o.  *        ■ .  , 

me-,t,  may  be  swayed  bv  the  ...f^  ■''  '"'''*'  '*«  P^'«» 

the  president,  lest  ft  r^Sf? ^^'-     "™''^  """  ^  '•''""'•^  *» 

ow/advantager stmTel  to  I;"  ."ff  •"'="«^  ^^  ^^ 
for,  sucl.  is  hL'an  natoe  a  riCal"?  "  "^  "^''^  *°^  "f^' 
ing  by  a  maioritv  h7  >  V""™"'  «>  constituted  and  decid- 

mfyhU  eSe  ^:^',t'r,P»'i'-'  P-'^  its  membel 
scendeat  a  power  Th^r-  w  ^^  ^  """^^  ^'"^  «"  '«»■ 
United  Staterr^'alone  ir  .  7"'  °*  ""^  ^'"'^^  "'  «*  '^e 
door  to  amendment-  and  T.  °^"'.  "'^  "  ^"■'^'""tional 
through  the  eomtoed  imory X'n"?  I"  T'"  i™""  ""'^ 
and  of  oongre,.,  or  a  convS  ?  a,  t  IT  ?'''*"" 
pressly  for  the  putoosp  Iw  ♦),„         ,      i     '^  "^'^^  ^'^eted  ex- 

this  4  -  changeTth/cttS  r   "f  "™"'  "'^'^    I" 
by  stealth,  but  oL  brthe  "1"  °  '"'^  '"  """•"  '»  ^"^'^  ^ 

states  after  a  full\Td  free  "L  oft         '  'T'^'"  "^  *''« 
There  is  no  leeal  ro^d  1  ,      «ften-repeatod  discussion. 

through  tliecofl^  of  tr.,^"'"'''^  ^'^  constitution  but 
by  .al.  Am:r  beLgXZd  S"  *"  '"™  "^^^"^'^'^ 
erty,  has  the  most  consemt'f  l^in  tT'T^^V*  '"^ 
goyemment  and  in  its  people  ^  '"'"' '"'"' '"  't' 

The  new  nation  asserted  iUolf  on  „ 
The  discoyery  was  made  tha    tb!  I       r.""™*"'  '^P*""- 
commonwealths  of  aTl  ct  and  ^  "^  '''^°''  '"'  "'*''^ 
Frederick,  who  had  scold  at  fhrfdel  ofirrV  ^'^  ^"^' 
em  an  imperial  domain  without  ,1-      """""P'^S    -^  goy- 

g-vewhen^  commrea^^h  ^  L  .'"tht  ronf^  ^  "^ 
each  direction,  containing  from  the  W  !"  "  '•^.  '^'^'^^'  » 
times  as  large  as  the  whoI.Tf  r  .  ^  •  "''■'*  ^"^  '"'  «cyen 
or  sixty  timl  Ts  ^artte^W l^dlt  ^-^^l'  ''^'^ 
^  include  more  than  a  tlxousanrLnrdtjief a'  T     ''''  "V'' 

X^te;:i^p:r,ter"^""'"^^^^ 
hadbeL  coiiects;s,tt:zrnt:js"%\:ri 

the  Greek  commonwealth  had  passed  Wpr        7  !     ^  °^ 

trt?;xrg:z::rt«^^ 

Hona^hy  had  hell  itseirnrn,!^!^---^- 


f 

i 

i:  .  ■;' 

448 


THE  FEDERAL  GOVERNMENT. 


B.  V. ;  OH.  I. 


aud 


mm 


'•a 


1 1> 


I  li 


M. 


{  3J' 


states ;  but  now  it  was  found  out  that  even  in  them  monarchy 
can  be  dispensed  with ;  and  the  world  was  summoned  to  gaze 
at  the  spectacle  of  a  boundless  society  of  republican  str.tes  in 
union. 

The  United  States  of  America  are  not  only  a  republic,  they 
are  "  a  society  of  societies,"  "  a  federal  republic."  *  Toward 
foreign  powers  the  country  has  no  seam  in  its  garment ;  it 
exists  in  absolute  unity  as  a  nation,  ^dth  full  and  undisputed 
national  resources.  At  home  it  is  "  a  union,"  or  "one  out  of 
many ; "  within  its  own  sphere  supreme  and  self-supporting. 
For  this  end  it  has  its  own  legislature  to  make  enactments ;  its 
own  functionaries  to  execute  them ;  its  own  courts ;  its  own 
treasury ;  and  it  alone  may  have  an  army  and  a  navy.  All- 
sufficient  powers  are  so  plainly  given  that  there  is  no  need  of 
striving  for  more  by  straining  the  words  in  which  they  are 
granted  beyond  their  plan  and  natural  import. 

The  constitution,  the  laws  of  the  United  States  made  in 
pursuance  of  "t,  and  all  treaties  framed  by  their  authority,  are 
the  supreme  law  of  the  laud,  binding  the  judges  in  every  state 
even  if  need  be  in  spite  of  the  constitution  and  the  laws  of  the 
state  ;  and  all  executive,  legislative,  and  judicial  officers,  both 
of  the  United  States  and  of  the  several  states,  are  to  be  sworn 
to  its  support.  The  constitution  provides  within  itself  for  the 
redress  of  every  wrong.  The  supreme  court  offers  relief  in  a 
"case"  of  injustice  or  conflict  with  the  constitution ;  the 
remedy  for  a  b::d  law  is  to  be  sought  through  the  freedom  and 
frequency  of  elections;  a  fault  in  the  constitution  by  its 
amendment. 

Except  for  the  powers  granted  to  the  federal  government, 
each  state  is  in  all  things  supreme,  not  by  grace,  but  of  right. 
The  United  States  may  not  interfere  with  any  ordinance  or  law 
that  begins  and  ends  vrithin  a  state.  This  supremacy  of  the 
states  in  the  powere  which  have  not  been  granted  is  as  essen- 
tially a  part  of  the  system  as  the  supremacy  of  the  general 
government  in  its  sphere.  The  states  are  at  once  the  guard- 
ians of  the  domestic  security  and  the  happiness  of  the  in- 
dividual,  and  they  are  the  parents,  the  protectors,  and  the  stay 
of  the  union.     The  states  and  the  United  States  are  members 

*  Words  used  by  Monter,quicu,  Esprit  dcs  Lois,  livre  ix.,  cb.  i. 


u\ 


1787. 


THE  CONSTITUTION. 


an  stcvtes  in 


449 

of  one  great  whole ;  and  the  one  is  as  needful  as  the  other 
1  He  powers  of  government  are  not  divided  between  them  * 
they  are  distributed ;  so  that  there  need  be  no  collision  in  thei^ 
exercise.  The  union  without  self-existent  states  is  a  harp  with- 
out stnn^;  the  states  without  anion  are  as  chords  that  are  un- 
strung. But  for  state  rights  the  union  would  perish  from  the 
paralysis  of  its  limbs.  The  states,  as  they  gave  life  to  the 
union,  are  necessary  to  the  continuance  of  that  life.  Within 
heir  own  hmits  they  are  the  guardians  of  industry,  of  proper^ 

lo^trt  r"''.'-  '^'"^'"'  ^^*^^^-  --'^^^ide  citadel 
from  which  the  union  may  be  struck  at  or  defied.     The  states 

form  t!  TT  f '''".r  "'*  ^"'^Sonists ;  the  states  in  union 
form  the  federal  repubhc;  and  the  system  can  have  hfe  and 
health  and  strength  and  beauty  only  by  their  harmonious  ac- 
tion In  short,  the  con^^-' i -ition  knows  nothing  of  Unitc-i 
States  alone,  or  states  alone ;  it  adjusts  the  parts  harmoniously 
m  an  organized  unity.  Impair  the  relations  or  the  vigor  of 
any  part,  and  disease  enters  into  the  veins  of  the  whole  That 
there  may  :.e  life  in  the  whole,  there  must  be  healthy  life  in 
every  part.  The  United  States  are  tlie  states  in  union  ;  these 
are  so  inwrought  into  the  constitution  that  the  one  cannot  per- 
ish without  the  other.  ^ 

Is  it  asked  who  is  the  sovereign  of  the  United  States? 
The  words  "sovereign"  and  "subjects"  are  unknown  to  the 
constitution.  There  is  no  place  for  princes  with  unlimited 
power,  or  conquering  cities,  or  feudal  chiefs,  or  privileged  aria- 
tocracies,  ruling  absolutely  with  their  correlative  vLals  or 
subjects. 

The  people  of  the  United  States  have  declared  in  their  con- 
stitution that  the  law  alone  is  supreme ;  and  have  defined  that 
supreme  law.  Is  it  asked  who  are  the  people  of  the  United 
btates  that  instituted  the  "general  government"?  The  fed 
eral  convention  and  the  constitution  answer,  that  it  is  the  con- 
curring  people  of  the  several  states.  The  constitution  is  con- 
stantiy  on  its  guard  against  permitting  the  action  of  the 
aggregate  mass  as  a  unit,  lest  the  whole  people,  once  accus- 
tomed to  acting  together  as  an  individual,  might  forget  the 
existence  of  the  states,  and  the  states  now  in  union  succumb  to 


i 

1 

i 
1  : 

i  • 

(ten 

i 

1 

1 

1 

'  4 
1 

1 

I 


n '' '  "'I 


460 


TflE  FEDERAL  GOVERNMENT. 


Hi,! 


Il 


H 


t., 


I     >  f  !' 


If  ' 


■II; 


M' 


V. ;  CH.  I. 


centralization  and  absolutism.     The  people  of  the  states  de- 
manded a  federal  convention  to  form  the  constitution;  the 
congress  of  the  confederation,  voting  by  states,  authorized  that 
federal  convention ;  the  federal  convention,  voting  likewise  by 
states,  made  the  constitution ;  at  the  advice  of  the  federal  con- 
vention the  federal  congress  referred  that  constitution  severally 
to  the  people  of.  each  state ;  and  by  their  united  voice  taken 
severally  it  was  made  the  binding  form  of  government.     The 
constitution,  as  it  owes  its  life  to  the  concurrent  act  of  the  peo- 
ple of  the  several  states,  permits  no  method  of  amending  itself 
except  by  the  several  consent  of  the  people  of  the  states ;  and 
within  the  constitution  itself  the  president,  the  only  officer 
who  has  an  equal  relation  to  every  state  in  the  union,  is  elected 
not  by  the  aggregate  people  of  all  the  states,  but  by  the  sepa- 
rate action  of  the  people  of  the  several  states  according  to  the 
number  of  votes  allotted  to  each  of  them. 

Finally,  there  is  one  more  great  and  happy  feature  in  the 
constitution.  Eome,  in  annexing  the  cities  around  itself,  had 
not^  given  them  equal  influence  with  itself  in  proportion  to 
their  wealth  and  numbers,  and  consequently  there  remained  a 
cause  of  dissatisfaction  never  healed.  America  has  provided 
for  admission  of  new  states  upon  equal  terms,  and  only  upon 
equal  terms,  with  the  old  ones. 

For  Europe  there  remained  the  sad  necessity  of  revolution. 
For  America  the  gates  of  revolution  are  shut  and  barred  and 
bolted  down,  never  again  to  be  thrown  <  <:n ;  for  it  has  found 
a  legal  and  a  peaceful  way  to  introduce  every  amelioration. 
Peace  and  intercitizenship  and  perfect  domestic  free-trade  are 
to  know  no  end.  The  constitution  is  to  the  American  people 
a  possession  for  all  ages ;  it  creates  an  indissoluble  union  of  im- 
perishable states. 

The  federal  republic  will  carry  tranquillity,  and  freedom, 
and  order  througliout  its  vast  domain.  Will  it,  within  less 
than  a  century,  extend  its  limits  to  the  capes  of  Florida,  to  the 
mouth  of  the  Mississippi,  to  the  region  beyond  the  Mississippi, 
to  California,  to  Oregon,  to  San  Juan  ?  Will  it  show  aU  the 
Spanish  colonies  how  to  transform  themselves  into  independ- 
ent republics  stretching  along  the  Pacific  till  they  turn  Cape 
Horn  'i    Will  it  be  an  example  to  France,  teaching  its  great 


r     )  I 


*;     If 


1787. 


THE  OONSTITUTIOX. 


461 

benefactor  how  to  gain  free  institutions?     In  the  counW 
from  winch  it  broke  away  will  it  assist  the  liberal  statesmen  7 

^l7  r  Tr!  "°^^  "^^^^^  '^  ^  -Presentat   nTtlTpel' 
pie?    Will  It  help  the  birthplace  of  the  reformation  to  Ifl. 

together  ts  scattered  members  and  become  o^moreaf  em 

The  philosophy  of  the  people  of  the  United  ^iT 
neither  that  of  optimism  nor  of  despa  r      Zt  T 

justice  of  "the  Great  Governor  of  t'rw;rld^^^^^^^^^^^     '"'''' 


1 
1 

i;, 

fe 

tP}i. 


t 

1 1'  ■ 

:!C  I 


ft      1 1 


452 


TUE  FEDERAL  QOVERNMEXT. 


B.  V. ;  on.  n. 


h'ii 


rm 


I  '•sillPti  I 


i;' 


(I 


I  )  I  I 

'  ''iiff|i 


\r 


i!!! 


i  II!'''' 


ifl'i 


CHAPTER  II. 

THE    LINGEEmO    STATES. 

1787  TO  2  August  1788. 

"When  the  constitution  was  referred  to  the  states  Hamilton 
revived  a  long-cherished  plan,  and,  obtaining  the  aid  of  Jay 
and  Madison,  issued  papers  which  he  called  The  Federalist,  to 
prepare  all  the  states  and  the  people  for  accepting  the  deter- 
minations of  the  federal  convention.  Of  its  eighty-five  num- 
bers, Jay  wrote  five,  Madison  twenty-nine,  and  Hamilton  fifty- 
one."^'     They  form  a  work  of  enduring  interest,  because  thc;^  pre 

*  Mr.  Madison's  list  of  the  authors  of  The  Federalist : 
Number  1  by  A.  H.  No.  2,  J.  J.     No.  3,  J.  J.     No.  4,  J.  J.     No.  6,  J.  J. 

No.  0,  A.  H.  No.  1,  A.  II.  No.  8,  A.  II.  No.  9,  A.  II.  No.  10,  J.  M.  No.  1 1,  A.  H. 
No.  12,  A.  II.  No.  13,  A.  II.  No.  14,  J.  M.  No.  15,  A.  H.  No.  16,  A.  H.  No.  17,  A.  H. 
No.  IS,  J.  M.  No.  19,  J.  JI.  No.  20,  J.  M.  No.  21,  A.  II.  No.  22,  A.  II.  No.  23,  A. H. 
No.  24,  A.  II.  No.  25,  A.  II.  No.  26,  A.  II.  No.  27,  A.  II.  No.  28,  A.  H.  No.  20,  A.  H. 
No.  80,  A.  II.  No.  31,  A.  II.  No.  32,  A.  II.  No.  33,  A.  II.  No.  34,  A.  II.  No.  35,  A.  H. 
No.  36,  A.  II.  No.  37,  J.  M.  No.  38,  J.  M.  No.  39,  J.  M.  No.  40,  J.  M.  No.  41,  J.  M, 
No.  42,  J.  M.  No.  43,  J.  M.  No.  4 1,  J.  M.  No.  45,  J.  M.  No.  46,  J.  M.  No.  47,  J.  M. 
No.  48,  J.  M.  No.  49,  J.  M.  No.  50,  J.  M.  No.  51,  J.  M.  No.  52,  J.  M.  No.  53,  J.  M. 
No.  64,  J.  M.  No.  55,  J.  M.  No.  56,  J.  51.  No.  57,  J.  M.  No.  58,  J.  M,  No.  59,  A.  H. 
No.  60,  A.  n.  No.  61,  A.  H.  No.  G2,  J.  M.  No.  63,  J.  SI.  No.  64,  J.  J.  No.  65,  A.  II. 
No.  66,  A.  H.  No.  67,  A.  II.  No.  68,  A.  II.  No.  69,  A.  II.  No.  70,  A.  II.  No.  71,  A.  H. 
No.  72,  A.  II.  No.  73,  A.  H.  No.  74,  A.  H.  No.  76,  A.  H.  No.  76,  A.  U.  No.  77,  A.  H. 
No.  78,  A.  II.  No.  79,  A.  II.  No.  80,  A.  II.,  and  to  the  end. 
Kotc  in  Mr.  Madison's  own  hand. 

"  No.  18  is  attributed  to  Mr.  Hamilton  and  Mr.  Madison  jointly.  A.  U,  had 
drawn  up  something  on  the  subjects  of  this  (No.  18)  and  the  two  next  Nos.  (19 
and  20).  On  finding  that  J.  M.  was  engaged  in  them  with  larger  materials,  and 
with  a  view  to  a  more  precise  delineation,  he  put  what  he  had  written  into  the 
hands  of  J.  M.  It  is  possible,  though  not  recollected,  that  something  in  the 
draught  may  have  been  incorporated  into  the  numbers  as  printed.  But  it  was 
certainly  not  of  a  nature  or  amount  to  affect  the  imprcss-'on  left  on  the  mind  of 


iW-nes. 


THE  FEDERALrST. 


4S3 


the  ear  , est  commentary  on  tlio  now  experiment  of  mankind  !„ 
^tabbalnng  a  „p„uie.n  goven,ment  for  a  eonntry  „f  Cd 
less  d.mons.ons ;  and  were  written  by  Madison,  who  wal    t 

tTlffd'  '•  f ]"  '"'^"^ '  '"  *«  *™*-  of™  0  0X0 tt" 

classes  of  tho  conunnnUy  tXta^l',  "'"'°''  "•'"'^■• 

the  manufacturing  cCs,'"and  fo  I'  "7"^" ''''^"''  '" 
monopoly  of  the  .LketsV"  to  "fXeTndust":^  1  ".T"'"™ 
natu.l  channels,"  and  to  «  opprel^I'^trrnt!"'/  "'  ""'^' 

„o„f„     Tf"""™'"^  ^'"'  eovere  wisdom  on  its  plan-  it, 
conformity  to  republican  principles;  its  powere  V^M- 
to  slavery  and  the  slave-trade ;  its'modiatinrSbet"  n  Z 
un,on  and  the  states;  its  tripartite  separalun  of  the  dtplr^ 

rst;:r.o^ "'"" """ '"-" "  ^jnrrci- 
>.  i3 .  gro..  wrong .:  nisz ; '  •  r. ::;,  T-  "t.''  ''"°""°"- 

ot  papers  which  were  writtoi,  for  ^1™^  V°  '""'•"'  '■*"  ""'""Mv 

touni  *■    '^  ""'"''  ""  ■»"<'<■.  «"■!  no  «uoh  paper  was 

*  The  Federalist,  xxxv. 


Im 


•it.' 


t.i! 


<  i 


I  <i 


Hi 


lU 


J   J 


454 


THE  FEDERAL  GOVERNMENT. 


»•  V. ;  00.  tt 


mcnts ;  and  its  mode  of  constructing  the  house  of  representa- 
tives. Hamilton  bcf^an  the  work  by  saying  that  a  wrong  deci- 
sion would  not  only  bo  "  the  disrnorabcrraent  of  the  union  " 
but  "  the  general  misfortune  of  mankind ;  "  *  he  closed  with 
the  words :  "  A  nation  without  a  national  government  is  an 
awful  spectacle.  The  establishment  of  a  constitution,  in  time 
of  profound  peace,  by  the  voluntary  consent  of  a  whole  jeoplc, 
is  a  prodigy,  to  the  completion  of  which  I  look  forward  with 
trembling  anxiety."  f  During  the  time  in  which  the  consti- 
tution was  m  jeopardy  Hamilton  and  Madison  cherishcJ  for 
each  other  intimate  and  afTectionate  relations,  differing  in  tem- 
perament, but  one  in  purpose  and  in  action.  To  the  day  of 
their  death  they  both  were  loyally  devoted  to  the  cause  of 
union. 

New  York,  having  the  most  convenient  harbor  for  world- 
wide commerce,  rivers  flowing  directly  to  the  sea,  to  Delaware 
bay,  to  the  Chesapeake,  to  the  Mississippi,  and  to  the  water- 
course of  the  St.  Lawrence,  and  having  the  easiest  line  of  com- 
munication from  the  ocean  to  the  great  West,  needed,  more 
than  any  other  state,  an  efficient  general  government ;  and  yet 
of  the  thirteen  it  was  the  most  stubborn  in  opposition.     More 
than  half  the  goods  consumed  in  Connecticut,  in  New  Jersey, 
in  Vermont,  and  the  western  parts  of  Massachusetts,  were 
bought  within  its  limits  and  paid  an  impost  for  its  use.  :j:    Dur- 
ing the  war  it  agreed  to  give  congress  power  to  collect  a  five 
per-cent  impost ;  as  soon  as  it  regained  possession  of  the  city 
it  preferred  to  appropriate  the  revenue  to  its  own  purposes ; 
and,  as  a  consequence,  the  constitution  called  forth  in  New 
York  the  fiercest  resistance  that  selfish  interests  could  organize. 
To  meet  the  influence  of  The  Federalist,  the  republicans 
published  inflammatory  tracts,  and  circulated  large  editions  of 
the  Letters  from  the  Federal  Farmer  by  Richard  Henry  Lee. 
They  named  themselves  federal  republicans.     Their  election- 
eering centre  was  the  New  York  custom-house,  then  an  insti- 
tution of  the  state  with  John  Lamb  as  collector.     After  tlie 
fashion   of  the  days  of  danger  they  formed  a  committee  of 
correspondence  and  sought  connections  throughout  the  land. 

*  The  Federalist,  i.  f  The  Federalist,  kxxv. 

t  Williamson  io  Iredell,  7  July  I'JSS.     McRee'a  Iredell,  ii,  227  228. 


I 


li^ 


1788. 


f  reprcsenta- 
i  wrong  deci- 
F  tlie  union," 
closed  with 
'nnient  is  an 
tion,  in  tinio 
v'liolo  ^)eople, 
Forward  with 
h.  the  eonsti- 
herishcJ  for 
jring  in  tem- 
o  the  day  of 
the  cause  of 

>r  for  world- 
to  Delaware 

0  the  water- 
line  of  com- 
Lceded,  more 
3nt;  and  yet 
tion.  More 
N'ew  Jersey, 
usetts,  were 
use.  :j:  Dur- 
)llect  a  five 

1  of  the  city 
n  purposes ; 
'th  in  New 
Id  organize, 
republicans 
!  editions  of 
Henry  Lee. 
eir  election- 
3n  an  insti- 

After  tlie 
mmittee  of 
it  the  land. 

XV. 

097    '>''« 


THE  CONSTITUTION  IN  NEW  YORK. 


I 


455 

acceptance  of  the  unbn      Th  •  ?  /.     ^   ^"'^^''  *^  ^'"'*''^*«  '^' 
Lowndes  fron    Ilenrv      ^^''' ^'''^'''  received  ansM-ers  from 

ventioa  without  remark »    Xn   „H  ^  ■  ■    "'"''"'  '=°''- 

twent,da,s,  EgbortTo!:;o„,t"th  Tt  Zr  jf  "^'"  ''' 
posed  a  state  convention  in  fL         •  "^      Jainiary,  pro- 

congress.    SchoollTr  "fl^^/r^^rbt'^r""'''^"^ 
foden.1  convention  for  l.avinTlL'^Tt   '  '^'""^'='"»">8  '!"' 

eondnetedthe  debate  wS^ra^e SanTth:™'  ^T" 
amble  gained  but  twenty-flvo  veto  aLw  /     T'    "''  P'"" 

|.  ei.oiee  S.^t^^'^^^^J'^JtZ 
thrust  aside,  and  every  free  malo  P,-f,Vor,  %7  electors  were 

of  age,  thongU  be  bad'ber  aT^Mettto  t'aTaf  Sb^ 

a  voter  and  be  voted  for.  •^'  ™'^^'*  ^® 

According  to  the  wish  of  the  Virginia  onnoRiflnn  tl    .• 

t.iMs  .ere  ene.ie?t:V:^^i;oTrrrC 
that  the  state  was  divided  ffeoffraphicallv     Tl,l  '  ™/°^^^ 

sition  w.i„UUtereo„nt,jbei:f  :^'L,^  Z^tt^^- 

.t  extended  to  the  connties  above  it.    The  eonthem  «^ 

^  he  Hudson  nverand  on  Long  Island,  and  the  eity  ot  n;w 

York  were  so unanimonslyfornnion  astoenconrage  the  mmoT 

soTfli^  * '•""'"'^'^  neeessan.  that  the  state  shonld  in 
some  form  secure  a  representation  under  the  new  constitution 
Tl>e  greater  number  of  his  friends  were,  likehta  !^rs ' 
tenf  Jub  "^J^""™: ''"'.  ^1"'^  Bome  were  billing  to  be  cot 
'  Ir  '•^"""'"^datory  amendments,  and  othel  with  el 
planatory  ones,  to  settle  doubtful  eoust^etions,  the  ma^rity 

•  M.  Gazoltcor,  10  J.„„ar;  17S8.  ,  „„„„,„„,  ,,^  ,„^ 


•mi 

I 


v.-      >  !l5! 


■f  tl 


.,1  I 


'  J 


i  i 


456         THE  FEDERAL  GOVERNMENT.     n.v.;oii.ii. 

Bcemcd  unwilling  to  bo  reconciled  with  less  tlian  previous 
amendments.  All  the  wliilo  the  peoplo  of  the  state  wero  drift- 
ing  towurd  uniou.^ 

On  the  Koventeenth  of  June,  fifteen  days  after  the  organi- 
zation of  the  Virginia  convention,  that  of  New  York  met  at 
Pouglikeepsie  and  unanimouKly  elected  Clinton  as  its  president. 
Among  the  delegates  of  the  city  of  New  York  wore  Jay,  Chief- 
Justice  Morris,  Ilobart,  Livingston,  then  clianccllor  of  the  state, 
Duane,  and  Hamilton.     On  the  other  side  the  foremost  men' 
wore  George  Clinton,  the  governor ;  Yates  and  Lansing,  who 
had  deserted  the  federal  convention  under  the  pretence  that  it 
was  exceeding  its  power ;  Samuel  Jones,  a  member  of  the  New 
York  bar,  who  excelled  iu  clearness  of  intellect,  moderation,  and 
simplicity  of  character ;  and  Molancthon  Smith,  a  .nan  of  a 
religious  cast  of  mind,  familiar  with  metaphysical  discussions,  of 
undaunted  courage,  and  gifted  with  the  power  of  moderation.f 
On  the  nineteenth  the  chancellor  opened  the  debate,  show- 
ing the  superiority  of  a  republic  to  a  confederacy.     Witliout  a 
strong  federal  government  and  union  New  York  was  incapable 
of  self-defence,  and  the  British  posts  within  the  limf.ts  of  the 
state  would  continue  to  form  connections  with  hostile  tribes 
of  Indians,  and  be  held  in  defiance  of  the  most  solemn  treaties. 
In  the  course  of  the  discussion  every  objection  that  had 
been  made  to  the  constitution  either  in  Massachusetts  or  in 
Virginia  was  strongly  stated ;  and  replied  to.     Lansing,  adher- 
ing to  the  system  of  the  confederation,  loved  union ;  but  pro- 
fessed to  love  liberty  more.  ^    Melancthon  Smith  declared  him- 
self most  strongly  impressed  with  the  necessity  of  union,  and 
refused  to  vay  that  the  federal  constitution  was  at  war  with 
public  liberty.     Hamilton,  speaking  in  the  spirit  of  gentleness 
and  wisdom,  contrasted  the  method  of  requisitions  to  be  en- 
forced by  coercion  of  the  states,  with  general  laws  operating 
directly  on  individuals ;  and  he  showed  how  greatly  the  new 
system  excelled  in  simplicity,  in  efficiency,  in  respect  for  per- 
sonal rights,  in  the  protection  of  the  public  liberty,  and,  above 
all,  in  humanity. 

On  the  twenty-fourth  swift  riders,  dispatched  by  Langdon, 


*  Compare  Jay's  Jay,  i.,  268. 

t  Thompson's  Long  Island,  ii.,  504,  605,  495. 


t  Elliot,  ii.,  208-216,  219. 


1788. 


TIIK  00N8TITDTI0N  IN  NEW  YORK. 


457 


notdooido  Now  Ck     ,!"  *"  ™"»""'"»"  ;  yot  t.,„  voto  did 

vocatosof  dcspotom-"  «■.«"„'.  „^^°''  W"™'"  "thoad- 
»ow  government  mei  had  LTh  '*  ""^  '  ™  ^^'l  l*^  *''« 
Fedendist  well  delivered  O,  "  f  .k  7°"^  ^*"""  "^  TJ.o 
-noaning  Hamilton,  <<  had  in  ,,  1  °  ^°"  ^"^"^  'l"'^g»'<=«." 
thrown  off  the  m^^  .^    '  I'""'"''  """'S''  >«"  <"■?«««'. 

«it7  of  a  oonsolidatd  e  ntS"  *"'*"»"  '°  ^'">-  "•— 
of  any  state  government"'  8"™™™™'  to  the  exeludon 

ermnent  on  f  safe  and  soM  It  tr'  "l"  7"""'""  «- 
man  in  the  United  States  1,1^'  "''*  "*  "^"7  '^»>"=«« 

-arcst  and  most  dea  "o  m  "o™  l^^'"^^^^  ""  -"--  t^o 
requires  strenr^th  and  st-ihilifv  •  \,^-     ^^'^  g^at  purpose 

ernment,andfigo;,' S'^E2  r  Xtt"  "'  '""«"- 
are  essentially  necossarv  to  tl,» T  1     "'"^  govemmonte 

country  may  be  ffovernerl  h^  a       r  ^        ^  ^^''•>'  extensive 

«-»preme'iegifia:riiv::^;t:rre ''^^^^^ 

and  domestic  concerns  nt  tl,.         ,  ^  *'"^'  ""<'  'he  civil 

of  the  several  sZs     St^^^T"    "!  '^^''"^''  "^  *'-  '-« 
principle.    They  can  never  C 7""°^  "'™'  *"""  '^  '^"^ing 

Pooj^of  Amerfcaarer;ed':i^riiCr"T  ''"  ^'"^ 

cn^r:s;s^rh  r  «"«.r  "»«-  occasion. 

During  the  war^^h  h  at  Jr^'^V^-Wehbereposed^^ 
»™t;  be  still  wished  a  fedet,!  "'^™^^'=^''^' g°™™- 
-0"  of  the  states  and  ^^^^I^^:^ ^i:^-^^  P^ 

*namiIton'8Work8,  i.,  462. 
t  Elliot,  ii    301    QH/i       IP 

f  Elliot,  ii.,  352-365. 


in 


v'-'mn 


i : 


it  «r  'T 


!:l     '  '  i 


r,:  J 


468 


THE  FEDERAL  GOVERNMENT. 


B.  V. ;  CH.  ir. 


such  a  confederacy  tliere  should  be  a  perfect  representation  • 
but  of  that  representation  "  the  etates  are  the  creative  princi- 
ple," and,  having  equal  rights,  ought  for  their  protection  to  be 
equally  represented.  The  &  lega.es  and  the  senators  of  a  state 
should  bo  subject  to  its  instructions  and  liable  to  be  recalled  at 
its  pleasure,  for  the  representation  should  be  an  exact  and  con- 
tinuous rejiresentation  of  its  reflection  and  judgment  and  Vv^ill. 
Moreover,  the  senators  should  vote  in  their  place  not  as  indi- 
viduals, but  collectively,  as  the  representation  of  the  state. 
He  would  further  have  the  members  of  congress  depend  on  the 
states  for  support.  Above  all,  he  abhorred  the  idea  of  reducino- 
the  states  to  the  degraded  situation  of  petty  corporations  and 
<  ndering  them  liable  to  suits.  "  The  sovereignty  of  the  states 
3  considered  the  only  stable  security  for  the  liberties  of  the 
people  against  the  encroachments  of  power."  * 

On  the  third  of  July,  while  the  convention  was  still  engaged 
in  considering  the  constitution,  and  noting  the  propositions  of 
amendments,  the  decisive  news  of  the  unconditional  ratification 
of  the  constitution  by  Virginia  broke  on  its  members ;  and 
from  that  moment  it  was  certain  that  they  would  not  venture 
to  stand  alone  against  the  judgment  of  every  state  in  New 
England  except  Ehode  Island,  and  every  other  state  except 
North  Carolina.  The  question  r*  first  became  whether  the 
constitution  should  be  accepted  with  or  without  previous 
amendments.  On  the  tenth  Lansing  offered  a  bill  of  rights,  to 
which  no  one  objected ;  and  numerous  amendments,!  of  which 
the  class  relating  to  a  standing  army  in  time  of  peace,  direct 
taxes,  the  militia,  and  elections  to  congress  were  made  con- 
ditions of  the  ratification.  After  they  were  read,  the  conven- 
tion, on  the  proposal  of  Lansing,  adjourned,  leaving  an  informal 
committee  of  equal  numbers  of  both  parties  to  bring  the  busi- 
ness by  compromise  to  a  quick  and  friendly  decision.  In  the 
committee  Jay  declared  that  the  Avord  "conditional"  must  be 
erased  before  any  discussion  of  the  merits  of  the  amendments. 
As  this  point  was  refused,  the  committee  was  dissolved ;  but 

*  This  summary  of  three  epecchcs  made  by  Clinton,  one  in  June,  two  in  July 
after  Virginia  had  been  heard  from,  is  compiled  from  the  manuscripts  of  Clinton 
preserved  in  the  state  library  at  Albany. 

t  Pcnn.  Packet,  13  July  1788;  Ind.  Gazetteer,  16  July  1788. 


1788. 


THE  CONSTITUTION  IN  NEW  YORK. 


459 

jOread,  MCancthon  S.ith  and  Sa.ue,  J„ne,  showed  signs  of 

:;.:tsi:ed  t:;r;rst"i:^  ^Stinr  i « 

n.otic„  Hamilton,  after  vainly  F^  ffl  erf  r"  fi  ? 
t.on*  nearly  similar  to  that  of  Virginia  SDokelq  ?! 
the  nineteenth,  with  sueh  prevailing    oree that  S^t^' 
fcssed  himself  persuaded  to  relinquish  it     Mn     T 
revived  the  proposition  to  enter  the^ltn  but  on  v     ^^"^ 
served  right  to  withd.aw  from  it :  and  „„  a '.""         ^'''''' 
day  the  question  might  be  taken  +    Af  r  ""l^"'  """"g  ^on- 
n.  „i       •  "8"i- oe  laken.t    -Madison  havinff  resiimo/i 

h  s  plaee  m  congress,  Hamilton  wrote  in  all  haste  flT!, 

read_;ot,.e.nve„tion1tfw^l!^^i*r:^^ 

stitution  within  a  certain  time  uT  ]•!•  ™  °'  "'^  ■'o"- 
that  it  does  not  makeN^w  y"  k  ^emwtft  ™"'"*r ' 
an  consequently,  that  she  co^rn^ret  etTrZ' 

w.    It  has  been  so  adopted  by  the  other  stafe,      i„    j 
t.on  for  a  limited  time  would  bf  as  de?"s  a„  .dtntion"^ 

ive  ^  F  I,"'""  "'  T,'"'*™'^  '''"'•<'  ""■™«'>  Madison,  was  effect- 
ivo.    Following  the  example  of  Massaohusett,    ,  J 

pHating  the  words  of  its  goLnor,  0.^'^^,^^:^ 

*  Hamilton,  ii,  407-471 

VOL.  TI.  -3] 


ill    I 
ill    % 


!      I 


i:  'M 


d60 


THE  FEDERAL  GOVERNMENT. 


B.  V. ;  en.  lu 


■h.'  'H 


t' 


I  I 


Jones,  supported  by  MelanctLon  Smith,  proposed,  like  Ilan- 
eoclc,  to  make  no  "  condition  "  and  to  ratify  the  constitution 
"  in  full  confidence "  of  the  adoption  of  all  needed  amend- 
ments. Lansing's  motion  for  conditions  was  negatived  in 
committee  by  a  vote  of  thirty-one  to  twenty-eight,  and  on 
Friday,  the  twenty-fifth,  the  convention  agreed  to  the  report 
of  its  committee  of  the  whole  in  favor  of  the  form  of  Samuel 
Jones  and  ]\[elancthon  Smith  by  thirty  yeas  to  twenty-five 
nays,  the  largest  vote  on  any  close  division  during  the  whole 
session.  This  vote  was  purchased  at  the  price  of  consenting 
to  the  unanimous  resolution,  that  a  circular  letter  be  prepared 
to  be  laid  before  the  different  legislatures  of  the  United  States 
recommending  a  general  convention  to  act  upon  the  proposed 
amendments  of  the  different  legislatures  of  the  United  States. 
On  Saturday,  the  twenty-sixth,  the  form  of  ratification  of  the 
constitution  was  agreed  to  by  a  vote  of  thirty  against  twenty- 
seven.  More  persons  were  absent  from  the  vote  than  would 
have  been  necessary  to  change  it.  On  the  following  Monday 
New  York  invited  the  governors  of  the  several  states  in  the 
union  to  take  immediate  and  eft'ectual  measures  for  calling  a 
second  federal  convention  to  amend  the  constitution.  "  We 
are  unanimous,"  said  Clinton,  "in  thinking  this  measure 
very  conducive  to  national  harmony  and  good  government." 
Madison,  as  he  read  the  letter,  called  the  proposal  a  pestilent 
one,  and  Washington  was  touched  with  sorrow  at  the  thought 
that  just  as  the  constitution  was  about  to  anchor  in  harbor  it 
might  be  driven  back  to  sea. 

But  the  city  of  New  York  set  no  bounds  to  its  gladness  at 
the  acceptance  of  the  constitution  ;  the  citizens  paraded  in  a 
procession  unrivalled  in  splendor.  The  miniature  ship  which 
was  drawn  through  the  streets  bore  the  name  of  Hamilton. 
For  him  this  was  his  happiest  moment  of  unclouded  tri- 
umph. 

North  Carolina  held  its  convention  before  the  result  in 
New  1  ork  was  known.  The  state  wanted  geographical  unity. 
A  part  of  its  territory  west  of  the  mountains  had  an  irregular 
separate  organization  under  the  name  of  Frankland.  Of  the 
rest  there  was  no  natural  centre  from  which  a  general  opinion 
could  emanate ;  besides,  toward  the  general  government  the 


1788. 


THE  CONSTITDTIOIT  IN  NORTH  CAROLINA. 


461 

state  was  delinquent,  and  it  had  not  yet  shaken  from  if.olf  .i, 
bewildering  influence  of  paper  money  *''^^  ^^" 

North  rJ,t!?  '"''';"  ,™*'  "^""^^Ston,  "the  wisest  way  for 

crately.  The  convention,  which  consisted  of  t™  hundred 
^d  e.gb^y-fo„r  memben.,  assembling  on  the  twenty^ai^t  of 
J%,  elected  ns  ts  president  Johnston,  then  goCor  of  the 
state,  organized  itself  with  trannnillitv  and  d!„n;!         , 

:w  %^r'  1-  ^'^^^^^^^:::^ 

clause.     The  convention  employed  eir>-ht  dava  in  it^  nM     i 
K«  which  very  fnU  a^d^fair  aeco'nnrhr^^f  pt 

First  amonsr  the  ferlonlia^Q  +  n-^A  *i 

o  tiii.  -iLuerano^q  -f  and  the  master  mind  nf  fha 

convention,  was  James  Trpdp]!  tt,^^  i   ^       i  ^® 

rftcrward  held  high  places  in  North  Carolina  and  in  the  nion 

The  other  side  was  led  by  Willie  Jones  of  Halifax  „oted 
for  wealth  and  aristocmtic  habits  and  tastes,  yet  by  n" 
steadfast  supporter  of  the  principles  of  democLy.7  HeTas 
sns  amed  by  Samuel  Spencer  of  Anson,  a  man  of  candor  Id 

Uavid  Caldwell  from  Guilford,  a  Presbyterian  divine,  fe^le 
m  theones  and  tenacious  of  them ;  and  by  Timothy  BMlZh 
former  member  of  congress,  who  as  a  preacl  Jaboundld  in 
ofB  es  of  chanty,  as  a  politician  dreaded  the  subiecttn  o{ 
sonthem  to  northern  interests.  subjection  of 

The  friends  of  the  constitution  had  the  advantage  of  spread- 
^g  ho^  arguments  before  the  people;  on  the  other Tde 
Wife  Jone,,  who  held  in  his  hand  the  ^nfority  of  the  cot 
vcntion,  citing  the  wish  of  Jcfeon  that  nine  states  miVht 

*  Sparks,  ix.,  390,  391. 

I !!:?;;!  s  "•• :,!!-"?_' '- 1--™"- »» i— .  wort 


h   ' 


t  McIJcc'g  Ir  •dcH,  ii.,  232  ;  Moore's  N.  C. 


i.,  384. 


i  'i 


f     •  I 


462 


THE  FEDERAL  GOVERNMENT. 


B.  V.  ;  OH.  II. 


ratify  the  constitution,  and  tlio  rest  liold  aloof  for  amendments, 
answered  in  this  wise :  "  We  do  not  determine  on  the  consti- 
tution ;  we  neither  reject  nor  adopt  it ;  we  leave  oureelves  at 
liberty;  there  is  no  doubt  we  shall  obtain  our  amendments 
and  come  into  the  union." 

At  liis  word  the  convention  on  the  first  of  August  deferred 
the  ratification  of  the  constitution,  and  proposed  amendments 
by  one  hundred  and  eighty-four  votes  against  eighty-four. 
But  harmony  between  the  state  and  the  new  federal  govern- 
ment was  pre-established  by  a  rule  adopted  on  the  next  day, 
that  any  impost  which  congress  might  ordain  for  the  union 
should  be  collected  in  North  Carolina  by  the  state  "  for  the  use 
of  congress." 

The  scales  were  ready  to  drop  from  the  eyes  of  Ehode 
Island.  That  state,  although  it  had  taken  no  part  in  the  fed- 
eral convention  and  for  a  year  and  more  had  neglected  to  at- 
tend in  congress,  watched  without  disapprobation  the  great 
revolution  that  was  taking  place.  Neither  of  the  two  states 
which  lingered  behind  remonstrated  against  the  establishment 
of  a  new  government  before  their  consent ;  nor  did  they  ask 
the  United  States  to  wait  for  them.  The  worst  that  can  be 
said  of  them  is,  that  they  were  late  in  arriving. 


H, ;}( 


i  " 


u  ' 


t     'A 


ill' 


! 


<i 


1788. 


THE  GOVERNMENT  OF  TEE  UNITED  STATES. 


463 


CHAPTER  III. 

THE   FEDERAL   GOVEENMENT  OF   THE    UNITED   STATES. 

1788  TO  5  May  1789. 

TwZ  '^"  f^^°^°"«^  *«  b«  known  abroad  aa  a  nation. 
The  statesmen  of  France  reproached  her  unsparingly  for  fail- 
ing  in  her  pecuniary  engagements.  Boatmen  who  bore  the 
flag  of  the  United  States  on  the  father  of  rivera  were  feai-lessly 
arrested  by  Spain,  while  Don  Gardoqui,  its  agent,  in  private 
conversation  tempted  the  men  of  Kentucky  «to  declare  them- 
selves independent"  by  the  assurance  that  he  waa  authorized 
to  treat  with  them  as  a  separate  power  respecting  commerce 
and  the  navigation  of  the  Mississippi.*         ^        «=> 

The  colonists  in  Nova  Scotia  were  ah-eady  absorbing  a  part 

fT\?T  *^''^"'^  ^^  '""''^  ^''  «^^  obligations  Avith 
regard  to  the  slaves  whom  she  had  carried  away,  and  who 
finally  formed  the  seed  of  a  British  colony  at  Sierra  Leone, 
bhe  did  not  give  up  her  negotiations  with  the  men  of  Ver- 
mont.   She  withheld  the  interior  posts,  belonging  to  the  United 
btates ;  in  the  commission  for  the  government  of  Upper  Cana- 
da she  kept  out  of  sight  the  line  of  boundary,  in  order  that  the 
commanding  officer  might  not  scruple  to  crowd  the  Americans 
away  from  access  to  their  inland  water-line,  and  thus  debar 
them  from  their  nghtful  share  in  the  fur-trade.     She  was  all 
^e  while  encouraging  the  Indian  tribes  within  the  bounds  of 
JMew  York  and  to  the  south  of  the  western  lakes  to  assert  their 
independence.     Hearing  of  the  discontent  of  the  Kentuckians 
and  the  men  of  west  North  Carolina,  she  sought  to  foment  the 

Letters  to  WaaJiinfrt/in    iv     Oiq 


Ilf'f     ^'l 


4C1 


THE  FEDERAL  GOVERNMENT. 


D-  V. ;  oil.  m. 


!•!  I. 


I  M: 


iFl  i!!' 


iH^ 


!!(' 


I  ., 


passions  which  miglit  hurry  thorn  out  of  the  union,  us  fur  as  it 
could  bo  done  without  promising  tliom  protection. 

In  England  John  Adams  had,  in  178G,  vainly  explained  the 
expectation  of  congress  that  a  British  plenipotentiary  minister 
should  bo  sent  to  the  United  States.*   The  bills  rcgulatin""  Kew- 
foundland  and  intercourse  with  America  were  under  the  lead- 
ership of  the  same  Jenkinson  who  had  prepared  the  stamp  act  • 
and,  with  the  acquiescence  of  Pitt,  the  men  and  the  principles 
which  had  governed  British  policy  toward  America  for  most 
of  the  last  twenty  years  still  prevailed.f     In  Febmary  1788 
the  son  of  George  Grenvillc,  speaking  for  the  ministry  in  the 
house  of  commons,  said  :  "  Great  Britain,  ever  since  the  peace, 
has  condescended  to  favor  the  United  States." :{:    Moreover 
the  British  govenuneut  would  take  no  notice  of  American 
remonstrances  against  the  violations  of  the  treaty  of  peace. 
Self-respect  and  patriotic  pride  forbade  John  Adams  to  re- 
main. 

Adams  and  Jefferson  had  exchanged  with  each  other  their 
portraits,  as  lasting  memorials  of  friendship ;  and  Adams,  on 
leaving  Europe,  had  but  \\vo  regrets:  one,  the  opportunity  of 
research  in  books ;  the  other,  that  immediate  correspondence 
with  Joffei-son  which  he  cherished  as  one  of  the  most  agreeable 
events  in  his  life.  "  A  seven  months'  intimacy  with  him  here 
and  as  many  weeks  in  London  have  given  me  opportunities  of 
studying  him  closely,"  wrote  Jefferson  to  Madison.  "  He  is 
vain,  irritable,  and  a  bad  calculator  of  the  force  and  probable 
effect  of  the  motives  which  govern  men.  This  is  all  the  ill 
which  can  possibly  be  said  of  him.  He  is  disinterested,  pro- 
found in  his  views,  and  accurate  in  his  judgment,  except 
where  knowledge  of  the  world  is  necessary  to  fonn  a  judg- 
ment. He  is  so  amiable  that  you  will  love  him,  if  ever  you 
become  acquainted  with  him."  ** 

In  America  the  new  constitution  was  rapidly  conciliating 
the  affections  of  the  people.  Union  had  been  held  dear  ever 
since  it  was  formed ;  and  now  tliat  the  constitution  was  its 


*  Adams  to  Carmarthen,  C  February  11SC>. 
t  Adams  to  Jay,  27  February  178C. 
i  Speech  of  Grenville,   11  February  1783. 
23,  p.  179. 


AhBon'a  Parliamentary  Register, 
*  Jefferson,  ii.,  107. 


L 


1788. 


THE   GOVERNMENT  OF  THE  UNITED  STATES. 


on  was  its 


465 

surest  guarantee,  no  party  could  succeed  which  did  not  inscribe 
union,  and  ^v^th  union  the   constitution,  on  its  banner.     In 
September  1788  the  dissidents  of  Pennsylvania  held  a  con 
ference  at  llarrisburg.     With  the  delegates  from  beyond  the 
mountains  came  Albert  Gallatin,  a  native  of  Geneva,  and  edu- 
cated tlierc  in  a  republic  of  a  purely  federal  form.     Their  pro- 
ceedings  bear  the  marks  of  his   mind.     They  resolved  for 
themselves  and  recommended  to  all  others  to  acquiesce  in  the 
orgamzation  of  the  government  under  "the  federal  constitu- 
tion, of  which  the  ratification  had  formed  a  new  era  in  the 
Ameru^an  world ; »  they  asked,  however,  for  its  speedy  revision 
by  a  general  convention.    All  their  actions  were  kept  within 
the  bounds  of  legality.* 

In  Virginia  there  had  been  a  great  vibration  of  opinion. 
Its  assembly,  which  met  on  the  twentieth  of  October  1788 
was  the  first  to  take  into  consideration  the  ])roposal  for  another 
federal  convention.     The  enemies  to  the  government  formed  a 
decided  majority  of  the  l.gislature.f     No  one  of  its  members 
was  able  to  encounter  Patrick  Henry  in  debate,  and  his  edicts 
were  registered  without  opposition.  J     He  had  only  to  say 
Let  this  be  law,"  and  it  became  law.     Taking  care  to  set  forth 
that  so  far  as  it  depended  on  Virginia  the  new  plan  of  govern- 
ment would  bo  carried  into  immediate  operation,  the  assembly 
on  the  tliirticth,  proposed  a  second  federal  convention,  and  in' 
vited  the  concurrence  of  eveiy  other  state.**     Madison  was 
the  fittest  man  in  the  union  to  be  of  the  senate  of  the  United 
States  :  Henry,  on  the  eighth  of  November,  after  pouring  fori;h 
a  declamation  against  his  federal  principles,  i  nominated  Rich- 
ard^ Henry  Lee  and  Grayson  for  the  two  senators  from  Vir- 
ginia, and  they  were  chosen  at  his  bidding.     He  divided  the 
state  into  districts,  cunningly  restricting  each  of  them  to  its 
own  inhabitants  in  the  choice  of  its  representative,  and  taking 
care  to  compose  the  district  in  which  Madison  would  be  a 
candidate  out  of  counties  which  were  thought  to  be  unfriendly 

*  Life  of  Gallatin  by  Henry  Adan^g,  11 ;  Elliot,  ii.,  544. 
t  Madison,  i.,  436,  437. 

X  Washington  to  Madison,  17  November  1788.     Tobias  Lcar  to  Lan^don,  81 
January  1789. 

«  Eivcs'8  Madison,  Ii.,  646.  [  Madison,  i.,  443,  444. 


4C6 


THE  FEDERAL  GOVERNMENT. 


V   ^11 


r  i  I  i 


;fi: 


m 


I! 


;!' 


B.  V. ;  on.  HI. 


to  fcdei-alism.     Assured  by  these  iniquitous  preparations,  Mon- 
roe, without  scruple,  took  the  field  against  Madison. 

In  Connecticut,  in  October,  the  circular  letter  of  New  York 
had  a  reading  among  other  public  communications,  but  « no 
anti-federalist  had  hardiness  enough  to  call  it  up  for  considera- 
tion or  to  speak  one  word  of  its  subject."  * 

The  legislature  of  Massachusetts  concurred  with  Hancock 
the  governor,  that  an  immediate  second  federal  convention 
might  endanger  tlie  union.f     The  legislature  of  Pennsylvania 
put  the  question  at  rest  by  saying :  "  The  house  do  not  perceive 
this  constitution  wanting  in  any  of  those  fundamental  principles 
which  are  calculated  to  ensure  the  liberties  of  their  country 
The  happiness  of  America  and  the  harmony  of  the  union  depend 
upon  suffering  it  to  proceed  undisturbed  in  its  operation  by 
premature  amendments.     The  house  cannot,  consistently  with 
their  duty  to  the  good  people  of  this  state  or  with  their  affection 
to  the  citizens  of  the  United  States  at  large,  concur  with  Virginia 
in  their  application  to  congress  for  a  convention  of  the  states." 
This  vote  Mifflin,  the  governor,  early  in  March  1789,  com- 
municated to  the  governor  of  Virginia,  ^  and  the  subject  was 
heard  of  no  more. 

Congress,  as  early  as  the  second  of  July  1788,  wag  notified 
that  the  constitution  had  received  the  approval  of  nine  states  • 
but  they  wasted  two  months  in  wrangling  about  the  perma- 
nent seat  of  the  federal  government,  and  at  last  could  agree 
only  on  New  York  as  its  resting-place.  Not  till  the  thirteenth 
of  September  was  the  first  Wednesday  of  the  following  Janu- 
ary appointed  for  the  choice  of  electors  of  president^'in  the 
several  states ;  and  the  first  Wednesday  in  March,  which  in 
that  year  was  the  fourth,  for  commencing  proceedings  under 
.  the  constitution.  The  states,  each  for  itself,  appointed  the 
times  and  places  for  electing  senators  and  representatives. 

The  intexest  of  the  elections  centred  in  New  York,  Yir- 
ginia,  and  South  Carolina.  In  four  districts  out  of  the  six 
into  which  New  York  was  divided  the  federalists  elected  their 

•Trumbull  to  Washington,  28  October  1788.    Letters  to  Washington,  iv., 


238. 


f  New  York  Daily  Gazette  of  17  February  1789. 
f  Pennsylvania  Archives,  xi.,  657,  558. 


I    I 


1V88-1789.  THE  GOVERNMENT  OF  TUE  UOTrED  STATES.    467 

candidates  Having  in  tho  Btate  legislature  but  a  bare  ma 
jomy  m  tho  senate,  while  their  opponents  ontnnmber^thTm 
m  the  honse,  each  bmnch  m.de  a  nomination  of  ^nZ^lZ 
the  senate  refused  to  go  into  a  joint  ballot.    For  thi?  hero 

hand  U„t  the  senate  further  infused  to  meet  the  house  for 
thc^cho.ce  of  electors  of  president,  and  this  was  an  act  of  C 

..J^»  'w,  <'',"'™"">n  ™  then  in  tho  ascendant,  and  he 
controUed  the  federalists;  but  only  to  make  his  sin^Iar  in! 
capacty  to  eonduct  a  party  as  apparent  as  his  swiftSs  a^d 
power  of  thought.  lie  e.eluded  the  family  of  tS  Lhi^;^ 
stons  from  mfluencc.  To  defeat  Clinton's  rf-eleeti„n  t  gl 
emor,  he  stepped  mto  the  camp  of  his  opponent,,  and  S 
Aaron  Burr  and  other  anti-federalists  selected  forthdreardi 

convention,  but  h.id  smce  avowed  the  opinion  whieh  was  held 

supported.  New  York  at  the  moment  woa  thoroughly  federoJ 
yet  Chnton  escaped  defeat  through  the  attachment  of  hLo^ 
county  of  Ulster  and  the  insignifieance  of  his  opponent,  wb^ 

he  fede.-al,sts  were  left  without  any  stat«  o.^ni.atio„.  In 
the  new  leg.s  atnre  both  branches  were  federal,  and,  at  the  be- 
hest of  Hampton,  against  the  remonstrances  of  MoLn  Le^is 
and  others,  Rufus  King,  on  his  transfer  of  residence  fZ 
Massachusetts  to  New  York,  received  the  unexampled  weT 
come  of  an  .mmediate  election  with  Schuyler  to  the  senate. 

In  Yirgmia,  Madison  went  into  the  counties  that  were  re- 
bed  on  to  defeat  him,  reasoned  ,vith  the  voters  face  to  face 
and  casdy  won  the  day.  Of  the  ten  delegates  from  the  stat»' 
^^e„  were  federalists,  of  whom  one  was  from  Kent  f 
South  Carohna  elected  avowed  anti-federalists,  except  Butler, 
of  the  senate,  who  had  conceded  many  points  to  bring  about 
the  union,  and  yet  very  soon  took  the  alarm  that  "  the  southern 
mterest  was  imperilled."  * 

Under  the  constitution  the  house  of  representatives  formed 
a  quorum  on  the  first  of  April  I7S9.  The  senate  on  the  Txth 
chose  John  Langdon  of  New  Hampshh^  its  president.    The 

*  '"''""'  """»'         ■'«!,  In  Life  oj  Iredell,  ii.,  264,  265. 


Jl 


4C8 


TUE  FEDERAL  GOVERNMENT. 


D.  y. ;  en.  m 


!( 


>.' 


^' 


,i.j 


liouso  of  rcprcfiontatlvcB  was  immediately  summoned,  and  in  tbo 
presence  of  the  two  braiicbcs  ho  opened  and  counted  the  votes. 
Every  one  of  the  eixty-nino,  cast  by  the  ten  states  wliieh  took 
part  in  the  election,  was  for  Washington.  John  Adams  had 
tinrty-four  votes ;  and  as  no  other  obtained  more  than  nine  ho 
was  declared  to  bo  the  vice-president.  The  house  devolved 
upon  the  senate  tho  office  of  communicating  the  result  to  those 
who  had  been  chosen  ;  and  proceeded  to  business. 

•"•I  foresee  contentions,"  wrote   IMadison,  "  lirst  between 
federal  and  anti-federal  parties,  and  then  between  northern  and 
southern  parties,  which  give  additional  disagrecablencss  to  tho 
prospect."  *     Tho  events  of  the  next  seventy  years  cast  their 
shadows  before.     Madison  revived  tho  bill  which  he  had  pre- 
sented to  congress  on  the  eighteenth  of  March  17S3,  for  duties 
on  imports,  adding  to  it  a  discriminating  duty  on  toimagc. 
For  an  immcdiato   public  revenue,  Lawrence  of  New  York 
proposed  a  general  duty  ad  valorem.     England  herself,  by  re- 
straining and  even  prohibiting  the  domestic  industry  of  the 
Americans  so  long  as  they  remained  in  tho  condition  of  colonial 
dependence,  had  trained  them  to  consider  the  establishment  of 
home  manufactures  as  an  act  of  patriotic  resistance  to  tyranny. 
Fitzsimons  of  Pennsylvania  disproved  of  a  uniform  ad  valo- 
re7n  duty  on  all  imports.     He  said :  "  I  have  in  contemplation 
to  encourage  domestic  manufactures  by  protecting  duties." 
Tucker  of  South  Carolina  enforced  tho  necessity  of  great  de- 
liberation by  calling  attention  to  the  antagonistic  interests  of 
the  eastern,  middle,  and  southern  states  in  the  ai-ticle  of  ton- 
nage.    Boudinot  of  New  Jersey  Avished  glass  to  bo  taxed,  for 
there  were  already  several  manufactures  of  it  in  the  country. 
"We  are  able,"  said  Hartley  of   Pennsylvania,  "to  furnish 
some  domestic  manufactures  in  sufficient  quantity  to  answer 
the  consumption  of  the  whole  union,  and  to  work  up  our  stock 
of  materials  even  for  exportation.     In  these  cases  I  take  it  to 
bo  the  policy  of  free,  enlightened  nations  to  give  their  manu- 
factures that  encouragement  necessary  to  perfect  them  without 
oppressing  the  other  parts  of  the  community." 

"  We  must  consider  the  general  interests  of  the  union," 
said  Madison,  "as  much  as  the  local  or  state  interest.    My 

*  Madison,  i.,  450,  451. 


D-  T. :  en.  III. 


le  union, 


1780. 


THE  GOVERNMENT  OF  THE  UNITED  STATES. 


Keiioml  principlo  is  that  coinincreo  ought  to  I,o  free  and  lahnr 
.mU  mdustry  loft  at  lar«o  to  «„d  their  proper  ohi eo  '"    Bu    ,1 
admitted  that  "  the  intercsta  of  the  sL^s  whiel    arc  ZZ 
manufactures  ought  to  have  attention,  as  the  power    f  ZtIZ 
ng  and  chcmhing  them  has  by  the  present  eonstitutio   t™ 
taken  from  the  states  and  its  e.xereise  thrown  into  other  haul 
Ivegulations  ,n  some  of  the  states  have  produeod  establishme,* 
which  oug  t  not  to  1«  allowed  to  perish  from  the  alteX 
>  Inch  has  taken  place,  while  some  manufactures  hoing  onco 
formed  can  advance  toward  perfection  without  any  adventitious 
aid     bome  of  the  propositions  may  be  productive  of  revenue 
httnrr'"f ''T'r'"'"'''"'"""'"  "'»"f''<=ta'^3,  though  tho 

former  I  said  Tucker,  "  am  opposed  to  high  duties  bo- 
causo  they  will  introduce  and  establish  a  system  rf  smugglinT 

" torot'^t,  7  'T' '?  "'"  """■°^^">»  °*  "'--  -'I  » s 
to  promote  the  beneht  of  other  states  and  other  classes  of  citi- 
Zeus* 

The  election  to  the  presidency  found  Washington  prepared 
w-ith  a  federal  policy,  which  was  tho  result  of  long  moditrt  on 
lie  was  resolved  to  preserve  freedom,  never  tran^cendin.  tho 

o  uphold  the  union,  a  sentiment  which  in  Jiim  had  a  tinge  of 

eZl  "?"'"    ;r  """•'"•?"  -1'-"*-o=  -«'  what  Gri^son 
called  "the  southern  genius  of  America ; "  to  restore  tho  pul^ 

.  thoionghly  American  system;  and  to  preserve  neutrality  in 
the  impending  conflicts  between  nations  in  Europe 

Across  the  Atlantic  AlHeri  cried  out  to  him  "Happy  aro 
you,  who  have  for  the  sublime  and  permanent  basis  of  yot 
glory  the  love  of  country  demonstrated  by  deeds  " 

On  the  fourteenth  of  April  ho  received  the  official  an 
nouncement  of  his  recall  to  the  public  service,  and  la  tTn 
0  clock  on  he  morning  of  the  si.vteenth  on  his  way.  Though 
reluctant  "  ,„  the  evening  of  life  to  exchange  a  pcLul  abode 
or  an  ocean  of  difficulties,"  he  bravely  said :  "  L  the  v!yl 
»g  or  short,  although  I  maybe  deserted  by  all  men,  inS 
and  finnness  shall  never  forsake  me."  •  ^ 

*  Annals  of  Congress,  i.,  291. 


>♦ . 


I. 


i  \rr 

.4  ;. 

1, 

'•  i' 

1 

Hi 

'it 

h 

-M') 

■  ^ 

i'  I 


I  !.: 


.  •  I 


,f 


I  \ 


■A, 


111 

m 


470 


THE  FEDERAL  GOVERNMENT. 


D.  V. ;  cii.  in. 


But  for  him  the  country  could  not  have  achieved  its  indo- 
pcndcnce ;  but  for  him  it  could  not  have  formed  its  union  • 
and  but  for  him  it  could  not  have  sot  the  federal  government 
in  successful  motion.  His  journey  to  New  York  was  one  con- 
tinued march  of  triumph.  All  the  way  he  was  met  with  ad- 
dresses from  the  citizens  of  various  towns,  from  societies  uni- 
versities, and  churches. 

'  His  neighbors  of  Alexandria  crowded  round  him  with  the 
strongest  personal  affection,  saying :  "  Farewell,  and  make  a 
grateful  people  happy ;  and  may  the  Being  who  maketh  and 
unmakcth  at  his  will,  restore  to  us  again  the  best  of  men  ,,,nd 
the  most  beloved  fellow-citizen."  * 

To  the  citizens  of  Baltimore,  Washington  said ;  "  I  hold  it 
of  little  moment  if  the  close  of  my  life  shall  be  embittered, 
provided  I  shall  have  been  instrumental  in  securing  the  liber- 
ties and  promoting  the  happiness  of  the  American  people."  f 

He  assured  the  society  for  promoting  domestic  manufac- 
tures in  Delaware  that  "  the  promotion  of  domestic  manufac- 
tures may  naturally  bo  expected  to  flow  from  an  energetic 
government;"  and  he  promised  to  give  "a decided  preference 
to  the  produce  and  fabrics  of  America."  % 

At  Philadelphia,  "  almost  overwhelmed  with  a  sense  of  the 
divine  munificence,"  he  spoke  words  of  hope:  "The  most 
gracious  Being,  who  has  hitherto  watched  over  the  interests 
and  averted  the  perils  of  the  United  States,  will  never  suffer 
so  fair  an  inheritance  to  become  a  prey  to  anarchy  or  despot- 


ism 


»# 


At  Trenton  he  was  met  by  a  party  of  matrons  and  their 
daughters,  dressed  in  white,  strewing  lio.vcrs  I  efore  him,  and 
singing  an  ode  of  welcome  to  "the  migln^y  o^.ief"wlic  Had 
rescued  them  from  a  "  mercenary  foe." 

Embarking  at  Elizabeth  Point  in  a  new  barge,  manned  by 
pilots  dressed  in  white,  he  cleaved  his  course  swiftly  across  tlie 
bay,  between  gayly  decorated  boats,  filled  with  gazers  who 
cheered  him  with  instrumental  music,  or  broke  out  in  songs. 
As  he  touched  the  soil  of  New  York  he  was  welcomed  by  the 
iwo  houses  of  congress,  by  the  governor  of  the  state,  by  the 


*  Sparks,  xii.,  139,  note. 
f  Sparks,  xii.,  140,  HI. 


X  Sparks,  xii.,  141. 
*  Sparks,  xii.,  145. 


1789. 


THE  GOVERNMENT  OF  TUE  UNITED  STATEd. 


471 

magistrates  of  the  city,  bj  its  people;  and  so  attended  ho  pro- 
ceeded  on  foot  to  the  modest  mar.«lon  lately  occupied  by  the 
presiding  officer  of  the  confederate  congresB.     On  that  day  ho 

The  senate  under  the  influence  of  John  Adams  and  the  per 
sistency  of  Kichard  Henry  Lee,  would  have  given  him  th  t'  le 
of  Highness;"  but  the  house,  supported  by  the  true  repub- 
hcan  snnphcty  of  the  man  whom  they  both  wished  to  honor 
msisted  on  the  smiple  words  of  the  constitution,  and  prevail 
W.?^  T  *^;"'^«th  the  day  appointed  for  the  inauguration, 
Waslnngton,  being  fifty-seven  years,  two  months,  and  eighi 
hJof  ^,'  '"""  'f'^'^^'^'^^^y  received  by  the  two  houses  in  The 

of  a  ba  r"  r  1  ^'^'?r  ^  ^"^  ''  *^^  ^'"''^  compartment 
of  a  balcony,  which  had  been  raised  in  front  of  it,  he  found 

before  h.m  a  dense  throng  extending  to  Broad  streJt,  and  fill- 
ng  Wall  street  to  Broadway.     All  were  hushed  as  Livingston 
the  chancellor  of  the  state,  administered  the  oath  of  office    bu 
tleTln-t  7t\  "f^rf  ^'''  ^''''^'  Washington,  President  of 
repeated  as  Washington  bowed  to  the  multitude 

Then  returning  to  the  senate-chamber,  with  an  aspect  grave 
almost  to  sadness  and  a  voice  deep  and  tremulous,  ho  addressed 
the  t^yo  houses,  confessing  his  distrust  of  his  own  endowments 
and  1"«  "^experience  in  civil  administration.     The  magnitude 
and  difficulty  of  the  duties  to  which  his  country  had  calbd  him 
weighed  upon  him  so  heavily  that  he  shook  as  he  proceeded: 
It  would  be  peculiarly  improper  to  omit,  in  this  lirst  official 
act,  my  fervent  supplications  to  that  Almighty  Being  who 
presides  in  the  councils  of  nations,  that  his  benediction  may 
consecrate  to  the  liberties  and  happiness  of  the  people  of  the 
Umted  States  a  government  instituted  by  themselves      No 
people  can  be  bound  to  acknowledge  the  invisible  hand  which 
conducts  the  affairs  of  men  more  than  the  people  of  the 
United  States.    Every  step  by  which  they  have  advanced  to 
the  chanicter  of  an  independent  nation  seems  to  have  been 
distinguished  by  some  token  of  providential  agency.     There 
exists  m  the  economy  of  nature  an  indissoluble  union  between 
an  honest  and   magnanimous  policy  and  public  prosperity 
Heaven  can  never  smile  on  a  nation  that  disregards  the  eternal 


1    I 


■■-  ■  •     Irl 


i  r 


f  !- 


h     l\ 


■  I  I 


B 


:M 


472 


THE  FEDERAL  GOVERNMENT. 


B.  V. ;  en.  III. 


rules  of  order  and  right.  The  preservation  of  liberty,  and  the 
destiny  of  the  republican  model  of  government,  are  justly  con- 
sidered 33  deeply,  perhaps  as  finally,  staked  on  the  expeiiment 
intrusted  to  the  American  people." 

At  the  close    of   the  ceremony  the  president  and  both 
branches  of  congress  were  escorted  to  the  church  of  St.  Paul 
where  the  chaplain  of  the  senate  read  prayers  suited  to  the 
occasion,  after  which  they  all  attended  the  president  to  hia 
mansion. 

"Every  one  without  exception,"  so  reports  the  French 
minister  to  his  government,*  "  appeared  penetrated  with  ven- 
eratijn  for  the  illustrious  chief  of  the  republic.  The  humblest 
was  proud  of  the  virtues  of  the  man  who  was  to  govern  him. 
Tears  of  joy  were  seen  to  flow  in  the  hall  of  the  senate,  at 
church,  and  even  in  the  streets,  and  no  sovereign  ever  reigned 
more  completely  in  the  hearts  of  his  subjects  than  "Washing- 
ton in  the  hearts  of  his  fellow-citizens.  Nature,  which  had 
given  him  the  talent  to  govern,  distinguished  him  from  all  others 
by  his  appearance.  lie  had  at  once  the  soul,  the  look,  and 
the  figure  of  a  hero.  He  never  appeared  embarrassed  at  hom- 
age rendered  him,  and  in  his  manners  he  had  the  advantage 
of  joininn'  dignity  to  great  simplicity." 

To  the  president's  inaugural  speech  one  branch  of  the 
legislature  thus  responded  :  "  The  senate  will  at  all  times  cheer- 
fully co-operate  in  every  measure  which  may  strengthen  the 
union  and  perpetuate  the  liberties  of  this  great  confederated 
republic." 

The  representatives  of  the  American  people  likewise  ad- 
dressed him  :  "  With  you  we  adore  the  invisible  hand  which 
has  led  the  American  people  through  so  many  difficulties ;  and 
we  cherish  a  conscious  responsibility  for  the  destiny  of  repub- 
lican liberty.  We  join  in  your  fervent  supplication  for  our 
country ;  and  we  add  our  own  for  the  choicest  blessings  of 
heaven  on  the  most  beloved  of  her  citizens." 

In  the  same  moments  of  the  fifth  day  of  May  1789,  when 
these  words  were  reported,  the  ground  was  trembling  beneath 
the  arbitrary  governments  of  Europe  as  Louis  XYI.  pro- 
ceeded to    open  the  states-general  of   France.     The  day  of 

*  Moustiers  report  on  the  inauguration  of  tUe  president  of  the  United  States. 


B.  V, ;  en.  III. 


1^89. 


THE  GOVERNMENT  OF  THE  UNITED  STATES. 


uitud  States. 


473 

wrath,  against  which  Leibnitz  had  warned  the  monarehs  of 
Europe,  was  beginning  to  break,  and  its  jndgments  were  to 

nmeauce  ot  bis  fellow-rulers  with  cynical  eeorn.    Not  one  of 

fatence  of  '  "™r"  *''^*  "■«  <»>ly  -fflcient  reason  for  the  ex 
.stence  of  a  King  bes  in  his  usefulness  to  the  people.  Nor  dTd 
they  spare  one  another.  The  law  of  morality  was  never  suf 
fered  to  restrain  the  passion  for  conquest.  Austria  preved 
upon  Italy  until  Alfieri  could  only  sly,  in  irtinha 
despotic  power  had  left  him  no  country  to  serve  ■  nor  didl^; 

":  o^nTtT'Tb!  T^'^'y  -  I'^'™  coll.::  a'ri  h  . 

onthp:4np^-;tbtV::e:^^^^^^^^^^^^^ 

Kosc,„,,ko  In  Holland  dynastic  interests  wei-e  bet  a^K 
welfare  of  the  republic.  All  faith  was  dying  out;  Ynd's  if 
n.s  eagerness  for  pleasure  or  advantage/stiled  tl^  vo  ee  S 
ust  ce.  The  atheism  of  the  great,  who  lived  without  God 
in  tl  e  ™,id,  eoncealed  itself  under  superstitious  observants 
wkeh  were  enforced  by  an  inquisition  that  sought  to  rendTc! 
hefs  from  the  soul,  and  to  suppress  inquiry  by  torments  which 
sui-passed  tie  worst  cruelties  that  savages  could  invent.    Even 

LST  «"*""•/"  "'<"'»°"1"''  °f  government  wore  con- 
trolkd  by  the  aiistoeracy,  of  which  the  more  liberal  party  could 
m  th»t  generation  have  no  hope  o'.  being  summoned  by  the 
king  to  frame  a  cabinet.  The  land,  of  which  every  member 
of  a  clan  had  had  some  share  of  ownership,  bad  been  for  tho 
most  part  usui^d  by  the  nobility;  and  the  people  were  stair! 

3J/  ""'^'*  "**'"'  '"'''™I''/ ^Wch  their  iwn  hands  ex- 
erted fron,  nature.  The  monarchs,  whose  imbecility  or  e.v 
ecsses  had  brought  tlie  doom  of  death  on  arbitrary  power,  worn 
not  only  unfit  to  rule,  but,  while  theirown  unlimited  sovei^ 
y  was  stricken  with  death,  they  knew  net  how  to  rais  Tp 
statesmen  to  take  their  places.  Well-intentioned  friends  of 
mankind  burned  with  indignation,  and  even  the  wise  and  nr^! 
a-nt  wore  incensed  by  the  bitterest  consciousness  of  wrong  • 


1  il 


:||[;tlli. 


474 


THE  FEDERAL  GOVERNMENT.  B.v.;on.iii. 


while  tlie  lowly  classes,  clouded  by  despair,  were  driven  some- 
times to  admit  the  terrible  thought  that  religion,  which  is  the 
poor  man's  consolation  and  defence,  might  be  but  an  instru- 
ment of  government  in  the  hands  of  their  oppressors.  There 
was  no  relief  for  the  nations  but  through  revolution,  and  their 
masters  had  poisoned  the  weapons  which  revolution  must  use. 
In  America  a  new  people  had  risen  up  without  king,  or 
princes,  or  I'obles,  Itnowing  nothing  of  tithes  and  little  of 
landlords,  the  plough  being  for  the  most  part  in  the  hands  of 
free  holders  of  the  soil.  They  were  more  sincerely  religious, 
better  educated,  of  serener  minds,  and  of  purer  morals  than 
the  men  of  any  former  republic.  By  calm  meditation  and 
friendly  councils  they  had  prepared  a  constitution  which,  in 
the  union  of  freedom  with  strength  and  order,  excelled  every 
one  known  before ;  and  which  secured  itself  against  violence 
and  revolutio^  by  providing  a  peaceful  method  for  every 
needed  reform.  In  the  happy  morning  of  their  existence  as 
one  of  the  powers  of  the  world,  they  had  chosen  justice  for 
their  guide ;  and  while  they  proceeded  on  their  way  with  a 
well-founded  confidence  and  joy,  all  the  friends  of  mankind 
invoked  success  on  their  unexampled  endeavor  to  govern  states 
and  territories  of  imperial  extent  as  one  federal  republic. 


THE    END. 


B.  V.  ;  OH.  III. 

riven  some- 
vhicli  is  the 
t  an  instru- 
ors.  There 
n,  and  their 
1  must  use. 
>ut  king,  or 
nd  little  of 
le  hands  of 
[y  religious, 
norals  than 
itation  and 
1  which,  in 
ielled  every 
ist  violence 
.  for  every 
existence  as 
justice  for 
way  with  a 
)f  mankind 
)vem  states 
ublic. 


INDEX. 


VOL.  VI. — 32 


i  ]«'  (•! 


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IISTDEX. 


BT 


J.  A.  SPENCER,  S.  T.  D. 


Abenakis,_  Indians  in  Maine,  missions 
wTn°°foi-  2*^:  ^^^--e  in  King  Philip's 
war,  894;  ask  for  missionaries,  ii. 
144;  villajre  of,  on  the  Penobscot, 
178 ;  war  with,  m  Massachusetts,  195 
196;  claim  territory,  217;  in  battle 
against  the  English,  437. 

Abercrombie,  General  James,  second  in 
command  to  Loudoun,  ii.  451 ;  delays 

!L  ^T-  ^^J  '  <?ommander-in.chief, 
486 ;  defeated,  and  cowardly  retreats 
490;  goes  back  to  England  and  abuses 
Americans,  492, 
Abercrombie,  James,  British  officer 
mortally  wounded  at  Breed's  Hill,  iv.' 

Abingdon,  earl  of,  on  wiv  in  America, 
V.  144.  ' 

Abolition  societies  in  the  North,  vi.  261 

Aborigines.     See  Red  Men. 

Acadm,  extent  of,  in  De  Monts'  char- 
tcr,  I.  19;  Innits  undefined.  220- 
captured  by  English,  restored  to 
Jrance,  220;  taken  by  English  fleet, 
n.  199;  surrendered  to  England  bv 

^•caty  of  Utrecht.  217,  305;  claim  of 
trance  as  to  boundaries.  336    337- 
claims  of  the  French  in,  344;'  cruel 
course  of  English  toward,  344-346 
boundary  disputes  again,  360,  361  •' 
T^  I  "l^Juse   to  fight    again  t    the 
Jrench,425,  426;  neutrals  and  disaf! 
fected    426,   427;   disarmed  by  the 
English,  427,  428;  Fort  Beau  S^>jou? 
taken,   428;    removal    of    Acad  ans 
projected,  429  :  mean  an<1  ..„  ™""  " 
ment,  430,   431;    Governor  ■'Belcher 


approves,  431 ;  some  seven  thousand 
dnyenon  board  ship,  432,  433-  suf 

of  ^Edmund  Burke  on  this  outrage, 

Accault,  Michael,  with  Hennepin,  ii.  164, 

Accomacs,  southern  Indians,  ii.  91 
Acton  Massachusetts.     See  Concord. 
Act  of  navigation,  in  federal  conven. 

t^on,  v..  319,  320;  complaint  as  to, Tn 
Virginia  state  convention,  434 

Acts  of  navigation,  first  (1651),"  i.  145, 

,,n^<;,.Ppr'f°"T'r  °^  ''''^  °f  parliament 
t,i  5"''^'  "•'  ^°^'  303;  effect  on 
qVf,^"^  *=«•"'"'>'■'=«  of  the  colonies, 
^•^3,  354;  an  evil  and  intolerable 
™g,  355,  402;  disregarded  in 
Massachusetts    395,  390;  VessivS 

^46  4Ti'"''  ^v^'  ^^25;  in  Virginia, 
446,  447 ;   m  New  Jersey,  681  •  en- 

Iffil^ra    ;  "'    "T^  ^""^  ''^"^y  to  assist 

officers    to    enforce    them,    61.    62- 

P"''^^  ^'7  of,  212;  hateful  to  the 
cobnies,  249;  in  continental  congress 

io\l'   u.-  ^^'^   modifications  of,  vi. 

42,  45 ;  high  value  set  on,  51. 
Acts  of  trade,  character  of,  ii.  40  44- 

46 ;  resisted  in  Boston,  646 
Ad^a^r,  James,  speech  in  parliament,  iv. 

^1^7,17^272^'''  °'  ''''''  ""^'"^'^ 

Adams  Hannah,  v^ifc  of  Deacon  Adams, 
1".  loo.  ' 

Adams,  John,  at  Worcester.  Massanha- 

r^a''/l'n''''"'"^'°"^  ^^  *°  ^''0  future,  il. 
439,  440;  excited  by  Otis,  548;  opiu- 


1 

( ■ 

If 


h  >■] 


478 


INDEX. 


"i!/l;i 


■t 


Ions  (1V66),  iii.  95;  appeal  for  ris^lit 
and  liberty,  143-145;  on  Samuel 
Adams,  157,  158;  argument  on  nulli- 
ty of  stamp-act,  171 ;  opinion  of  W, 
Pitt  as  to  hid  essay  186;  prepares  in- 
Btructions  for  agents,  291,  292;  re- 
fuses service  of  the  king,  341 ;  serves 
on  the  trial  of  Preston,  390 ;  almost 
gives  up,  404. 

In  Boston  town-meeting  (1774),  iv. 
24 ;  his  wife's  spirit,  C7 ;  compromise 
as  to  acts  of  navigation,  69  ;  reply  to 
Leonard's  menaces  (1775),  124-126; 
delegate  to  congress,  190;  on  Wash- 
ington's appointment  as  general,  212 ; 
letters  on  establishing  government, 
245;  intercepted  letters,  2(51;  his 
wife's  bravo  letter  and  judgment, 
271,  272  ;  at  home,  315;  in  congress, 
832;  character,  principles,  courage, 
ability,  etc.,  332-335;  on  army  en- 
listments,  336;  motion  on  the  colo- 
nies adopting  governments,  342,  343; 
argument  for  republican  government, 
legislatures  in  two  houses,  etc.,  344, 
845  ;  urges  education,  346 ;  praises 
Charles  Lee,  385 ;  seconds  R.  H.  Lee's 
resolutions  for  independence,  423 ; 
defends  the  resolutions,  424  ;  on  the 
committee  for  declaration  of  inde- 
pendence, 425 ;  head  of  board  of  war, 
425 ;  thoughts  on  the  crisis  at  hand, 
435;  speech  for  independence,  437; 
enthusiastic,  441,  442. 

On  the  articles  of  confederation 
(1776),  V.  12,  13;  favors  having  a 
regular  army,  25;  on  Sullivan,  40; 
one  of  committee  to  meet  Lord 
Howe,  41,  43;  unable  to  see  true  : 
position  of  army  matters,  68,  69 ;  good  ' 
courage,  89;  undervalues  Washing- 
ton, 109,  110;  foolish  boasting,  175; 
bitterly  blames  Washingion,  180, 181 ; 
spleen  toward  Washington,  197  ;  sent 
to  France  to  succeed  Deanc,  2)8;  ap-  ! 
pointed  minister  to  ne2;otinte  peace  i 
(1779),  326,  S27;  on  congress  as  a 
single  assembly,  446 ;  solo  nesrotiator 
of  peace  at  Paris,  4C3 ;  troulDle  with 
Vergenncs,  464,  465 ;  appointed  min- 
ister to  the  Netherlands,  527 ;  active 
and  energetic,  received  as  minister, 
6'27,  528;  joins  commissioners  for 
peace  in  Paris,  674  ;  views  and  course, 
674, 575 ;  on  the  right  to  the  fisheries, 
679  ;  rigns  the  treaty,  580  ;  approves 
Washington's  advice,  vi.  94 ;  financial 
efforts  in  Holland,  120;  letter  to  Bow- 
doin,  141  ;  minister  to  England,  meets 
King  George,  148;  interview  with 
William  Pitt,  149,  150 ;  suggests  re- 


taliation, 160;  opinions  on  the  new 
federal  constitution,  408 ;  returns 
home  (1788),  464  ;  opinion  of  Jcffer- 
son  respecting,  464;  elected  vice- 
president  of  the  United  States,  468. 
Adams,  Samuel,  early  political  opinions 
ii.  262,  253  ;  at  Boston  town-meeting 
(1764),  iii.  76,  77;  prepares  instruo! 
tions  for  agents  in  England,  78,  79  • 
elected  to  Jlassachusctts  assembly' 
147  ;  reply  to  Bernard  as  to  power  of 
parliament,  156,  157;  character  of, 
157,  168  ;  clerk  of  assembly,  217-  on 
Bernard,  219;  forethought,  235;' on 
the  billeting  act,  236  ;  manly  course 
288  ;  letter  to  Hillsborough,  292, 293' 
strong  for  independence,  306, 307 ;  on 
English  menace  to  liberty,  823  ;  fear- 
less, 830 ;  evidence  as  to  treason,  332; 
on  grievances,  341 ,  strong  words,  360,' 
861 ;  on  Hutchinson's  course,  368' 
369 ;  head  of  committee  of  citizens  to 
Hutchinson,  876  ;  overawes  Hutchin- 
son after  the  massacre,  377 ;  protest 
against  prerogative.  404 ;  plans  corre- 
spondence and  union,  406  ;  writes  of 
a  "  last  appeal,''  406,  407 ;  urges  a 
committee  of  correspondence,  418 
419  ;  motion  to  appoint  committee  of 
twenty-one,  420 ;  report  of  committee, 
422,  423  ;  plans  for  union,  430;  pre- 
pares  answer  to  Hutchinson,  432, 433 ; 
prepares  to  resist  importation  of  tea| 
443 ;  letter  to  Hawley,  444,  445  ;  urges 
an  American  congrci-s,  445  ;  drafts  the 
ultimatum  of  America,  469  ;  position 
of,  to  be  punished,  476. 

In  Boston  town-meeting  (1774),  iv. 
6,  7 ;  on  Dickinson's  plan  for  delay, 
14 ;  endurance,  21  ;  delegate  to  con- 
tinental  congress,  23;  in  town-meet- 
ing, 25,  26 ;  influence  in  congress,  66  ; 
advice  as  to  war,  77 ;  views,  122;  on 
spirit  of  the  colonists,  132;  at  the 
commemoration  of  the  Boston  mas- 
sacre,  133,  134;  at  Lexington,  and 
prophecy,  157;  delegate  to  congress, 
190;  Uawlcy's  advice  to,  272;  de- 
nounces King  George  as  a  tyrant,  316 ; 
labors  for  declaration  of  independ- 
ence, 316;  opposes  Wilson's  motion, 
316  ;  on  army  enlistments,  336;  scouts 
waiting  for  Enidish  commissioners, 
840 ;  on  suppressing  authority  of  the 
crown,  343  ;  on  Howe's  mission,  v.  7, 
S ;  brave  spirit,  88  ;  votes  for  "  pro- 
tection "  from  Louis  XVL,  293  ;  hopes 
to  add  Canada,  etc.,  to  United  States, 
296 ;  approves  Washington's  advice, 
vi.  93,  94  ;  wishes  for  a  strong  gov- 
ernment, 130  ;  kttcr  to,from  K  U.  Loo 


^- 


INDEX. 


Alien,  Ethan. 'promises  a  regiment  of 
yreen  Mountam  Boys  (1775)  iy  14^. 
in  command  of  the  same,  182 :  crosses 
l.ake  Cnamplain,  182;  talies  Ticon- 


against  the  federal  constitution,  376  • 

nVfl^r^r  "'"if".   ''''*°    '-onvention' 
(1788),  gives  efficient  support  to  the 
constitution,  397,  393,  402  404 
•  Addressof  the  People  of  Great  Britain 

Inhnnr  "'"',''"'''  ^'^^  America,"  Sir 
John  Dahymple'a  pamphlet,  iv.  150 
Ailmiraty  courts,  English,  in  the  colo- 

fi«'-f'  '■■■■^Vl.^'''"^  ^>'  '^'  people,  549, 
553 ;  ui.  147,  163,  203.     '^    '     '      "' 

Admiralty  or  prize  courts,  instituted  by 
Massachusetts,  iv.  272 

^  Tmde''''''''^'   ^'*^  '^'"^"'■^  """^  ^'''^°- 
Agucssoau  chancellor  of  France,  ii.  231 
H   140  ""^^  °^'  ""^"'^^  "  ''ospital,' 

Aix-Ia-Chapello,  congress  of,  ii.  311,  Sio 
Alabama,  De  «oto  enters,  i.  42  •  first 
settlement  in,  ii.  191.      '    '  *^  •  ""^^^ 
Alarcon,  Pedro  de,  discovers  the  Colora- 
do river,  ,.32  ;  explorations  of,  32, 33 
29o"        "^^'"' '"  ^''°''6''^>  "•  280, 28l' 
Albania,  a  name  of  East  New  Jersey,  i. 

"^  Orn^'.^'t^To^"'"'''  '•  ^^^  5  ^°"°ded  (Fort 
Orange)  495 ;  surrenders  to  the  En^.- 
hsh,  520;  congress  at  (1748),  ii.  333"- 
336  ;  treaties  made  with  the  Six  Na- 
S'f     f  V  '"''■"o™'  as  to  raising 

at,   a»8,   369;   congress   of  colonial 
commissioners   (1754),   383;    result 
886,  387 ;  soldiers  billeted  at,  452     ' 
Albemarle  Colony,  i.  420.     See  Carolina. 
Albemarle  county,  Virginia,  iv.  61 
Albemarle,  duke  of.    See  Monk 
Alexander,  James,  in  Now  York  ii  254  • 
proposes  grand  council  of  American 
deputies,  383. 
Alexander,  Sir  William,  attempts  settle- 
ments m  Nova  Suotia,  i.  218    219- 
sells  titles  of  nobility,  219         ' 
Alexander    William,  earl  of    Stirling, 
bee  Stirling.  ° 

Alexandria,  Virginia,  congress  of  eov- 
ernors  at,  recommends  taxation  by 

parliament,  ii.  416,  417;  good  wishes 
of  the  people  for  Washington  on  his 
leaving  for  New  York  (1789),  vi.  470 


47D 


fn!u"l'J^^''    """"^P*  «"  Montreal 
fads,  296;  sent  m  chains  to  England, 

Allen,  Samuel,  of  London,  purchases 
claim  m  New  Hampshire,  ii.  66 

AUouez,  Claude,  one  of  Jesuit  mission- 
aries on  Lake  Superior,  ii.  160-162  • 
with  Marquette,  152,  li>3  ' 

America,  first  English  settlement  in  i 
75 ;  population  of  the  twelve  oldest 
Btatos  (1688),  602;  new  English  ni^ 
f.'«n  >".  612,  613 ;  spirit  of  the  people. 
11.  70,  71 ;  white  population  in  British 
America,undor  William  IlL  and  Queen 
Anne,  78;  tendency  toward  independ- 
ence in  the  colonies,  86;  population 
under  George  I.,  238 ;  great  prosperity 
of  the  colonies,  264,  265 ;  German 
cmigraion  large,  205;  Anglo-Saxon 
emigration,  320;  office  of  America  in 
numan  progress,  826. 

The  thirteen  colonies,  character  of, 
"•  327,  rights  of,  and  relation  to  the 
mother  country,  328 ;  protest  again.st 
parliamentary  prerogative,  347  848  • 
not  to  be  crushed,  3i51 ;  further  pro-' 
posals  to  tax  America,  374,375;  course 

00,*°'?*''*  ""'*!'  '•"=  ^'■^"oh  in  Ohio, 
a&  1-383;  commissioners  sent  to  Al- 
bany, New   York  (1764),   386,  386; 
treaty   with    the  Six  Nations,   886- 
population,  V  hites,  negroes,  etc.,  389- 
3J1 ;  relations  to  the  home  Royem- 
ment    391-401 ;  plan  of  union  pS- 
posed  by  Halifax,  411;  course  of,  ^ 
to  money,  etc.,  415;  crown  officers  in 
clamor  for  taxation,  41 7;  rule  as  to 
quartering  troops,  447,  448  ;  foreign 
officers  employed,  448;  roused  to  ao- 
TA^I  1 '."  f,.offers  and  measures, 
482,  483 ;  aid  Pitt  against  the  French 
500;  prophecies  of  independence,  628- 
to  nave  a  standing  army,  564 ;  iii.  S3 ;' 
oyalty  of  America,  34;  new  combinal 
tion  of  trade  and  taxes  (1764)  73- 
circular  of  committee  on  correspond-' 
•^nce,   79;    resolved  to  be  free  from 
axes  by  England,  88,  89 ;  petitions 

n '.^''.'^"'in^"*  '■^^"^'^^  to  bo  received 
(1765),  102-104;  general  opinion  as 
to  submission  to  stamp-tax,  106.  106- 
industry  of  all  kinds  restricted,  107* 
1.08 ;  opinions  of  the  people  as  to 
rights  and  liberties,  116-118;  resolve 
to  resist  the  stamp-tax,  119;  union 
in  danger,  120;  royal  governors  take 
oath  to  carry  out  the  stamp-act,  168' 
non-importation  agreement,  169 ;  com- 
mittee of  intercolonial  correspond- 
Tao  '  ,/o'  P'^,"^"'Pennanout  union, 
ibj,    163;    all  of  one  mindj    164; 


!    ■  I 


II* 


■'( 


( I 


illl 


','il 


•'i 


'-1 


■     ! 


h 


480 


INDEX. 


proRroRB  of  resistance,  170;  union 
projected,  17'J ;  firm  in  resistance, 
207,  2()S ;  joy  at  repeal  of  stainp- 
act,  214  ;  further  thought,  210  ;  prog- 
ress of  liberty,  229;  disputes  and 
disturbances,  230-2:54 ;  conciliation 
Still  possible,  247-2-I9  ;  dislike  of  tlic 
revenue  act,  201,  202;  call  for  union, 
202 ;  now  taxes  in  prospect,  2(');j ; 
comiuissioners  of  revenue  call  for 
troops,  280 ;  temper  toward  parlia- 
ment, the  enemy,  281  ;  progress  of 
opinion,  2S0,  287  ;  Shelburne's  fair- 
ness  toward,  2U7  ;  petitions  rejected, 
824  ;  the  agents  see  Hillsborough  to 
no  purpose,  320;  firmness,  ;}40-!54I  ; 
suspend  trade  with  England,  841! ; 
resolve  on  non-importation,  !M8  ;  par- 
tial repeal  of  revenue  act  promised, 
802  ;  take  a  stand  on  the  tea-duty, 
802  ;  non-importation  agreements  fail 
through  New  York,  !i8('>,  387 ;  cry  for 
union  (December  1773),  458;  state 
of  (1771),  4G9';  union  in  spirit  and 
purpose,  iv.  18  ;  foundation  and  ex- 
tent of  rights,  06,  CO ;  self-denial  to 
avoid  war,  70  ;  all  Protestant,  81 ; 
firm  union  (1775),  100;  whole  conti- 
nent alnimed,  107;  love  for  the 
mother  country,  I'JI,  192,  199;  the 
"  twelve  united  colonies,"  204,  2^)7  ; 
Georgia  makes  the  thirteenth,  211 ; 
Rhode  Island  ami  others  send  out 
armed  vessels,  249 ;  question  at  is- 
sue with  England,  206 ;  rimme  of 
the  points  in  dispute,  205-209 ;  the 
people  demand  independence,  312, 
313 ;  ratify  independence,  v.  10 ;  need 
foreign  alliitnce.-^,  10;  a  new  people 
and  nation  in  America,  under  happy 
auspices,  vi.  474. 

"Americans,"'  as  a  national  name,  iii. 
150 ;  hopes  and  expectations  as  Amer- 
icans, V.  -81. 

Amerigo  Vespucci,  i.  10. 

Ames,  Fisher,  supports  the  federal  con- 
stitution in  Massachusetts  state  con- 
vention, vi.  300,  399,  404. 

Amherst,  JelTrey,  sent  to  America,  ii. 
484 ;  comnmnder-in-chief,  492  ;  gov- 
ernor of  Virginia,  498 ;  reaches  Crown 
Point,  502 ;  lingers  there,  506 ;  fails 
to  support  Wolfe,  500 ;  takes  posses- 
sion of  Canada,  623 ;  sends  troops  to 
South  Carolina,  550;  offers  price  for 
Pontiae's  head,  iii.  49;  declines  com- 
mand at  Iioston,  iv.  128;  advises  great 
increase  of  troops,  v.  225 ;  also  evacu- 
ation of  New  York,  282 ;  recommends 
forty  thousand  troops  for  1778  in 
America,  225,  282. 


Amldas  and  Harlow,  expedition  to  the 
New  World,  under  Raleigh's  patent,  I. 
09 ;  on  the  coast  of  Carolina  and  Vir- 
ginia, 09,  70. 

Amsterdam,  great  depot  for  commerce, 
i.  478 ;  steps  toward  treaty  of  com- 
nuTCO  with  United  States,  v.  343,  344 ; 
the  result,  845. 

Anabaptists,  i.  008.     Pec  IJaptists. 

Anderson,  (Captain,  at  Trenton,  v.  96. 

Andover,  Massachusetts,  remonstrates 
against  the  witch  pro.secutions,  ii.  65, 
60. 

An(ir<'>,  Major  John,  in  Philadelphia,  v. 
217;  British  adjutant-general,  428; 
in  correspondence  with  llcnedict  Ar- 
nold, 428;  moots  Arnold,  430,431; 
sets  off  by  land  for  New  York,  431 ; 
taken  by  American  scouts,  433,  434  ; 
letter  to  Washington,  434,  435;  tried 
and  convicted  as  a  spy,  436 ;  suffers 
on  the  gallows,  437. 

Andros,  Edmund,  in  New  York,  i.  574  ; 
attempts  on  ("onnectieut  resisted, 
674,  676  ;  in  Massachusetts,  as  gov- 
ernor-general of  New  England,  684  ; 
oppressive  course  resisted,  585 ;  in 
Rhode  Island  and  Connecticut,  687, 
688 ;  arrested  and  imprisoned,  699, 
Cue ;  governor-general  of  Virginia, 
ii.  18. 

Angel,  (!oloncl,  good  conduct  of,  v.  476. 

AnhaltZerbst,  prince  of,  h'.es  out  troops 
to  England,  v.  141,  222. 

Annapolis,  originally  Port  Royal,  in 
Nova  Scotia,  i.  19. 

Annapolis,  Maryland,  founded,  i.  109; 
seat  of  government,  ii.  21  ;  the  brig 
Peggy  Stewart  destroyed  with  the  tea, 
iv.  71;  convention  in  (1776),  253; 
convention  of  deputies  f  I'om  the  states 
(1786, 1780),  vi.  185, 195  ;  five  states 
appear,  Dickinson  chairman,  196, 
190 ;  cautious  report,  fix  time  and 
l)lace  for  the  federal  convention,  190; 
'ite  convention  meets  in  (1788),  411. 

Aui  I',  cpieen  of  England,  ii.  7S  ;  proc- 
lamation as  to  colonial  currency,  83  ; 
Iroquois  chiefs  visit,  199 ;  share  in 
the  slave-trade,  209. 

Anson's  expedition  and  voyage,  ii.  296. 

Anspach,  margrave  of,  hires  troops  to 
England  (1777),  v.  140,  141. 

Antinomians,  in  Massachusetts,  and 
Anne  Hutchinson,  i.  200. 

Appalachec,  bay  of,  ii.  194. 

Aranda,  Spanisli  ambassador  to  France, 
V.  128,  129  ;  views  as  to  helping  the 
United  States,  129;  counsels  war 
against  England,  138 ;  meets  John 
Jay  in  Paris  570  ■  views  as  to  Towth 


t  ■; 


INDEX. 


ort    Royal,    in 


and  power  of  the  United  States,  vi. 

bouth   tarolnm     V.    :i76 ;   incaijuble. 
420  J  succeeded  by  (JravcB,  616. 

ii   11    la'"''"''''  *''"'^''"°'"  °*'  Carolina, 

Argall,  Samuel    breaks  „p  F.-cnch  set- 

cmcnt  on  Mount  Desert  Isle,  i.  105 

lOtt;  as  governor  of  Virginia,  arro- 

Rant,  greedy,  dishonest,  109   110 

Aristocracy,  power  of  the  Englisli,  in 

parliament,  ii.  472. 
Arkansas,  Do  Soto  cntors,  i.  UR 
Arlington, carl  of,  \irgiuia  givcii  to,  by 

Uiarlcs  II.,  452,  45a.  '    •'  i 

Armand    Colonel,  v.  384;  bad  conduct  I 

of,  at  Camden,  387. 
Armed  neutrality,  league  suggested  by 
Vergennes,  v.  340;  Denmark,  Swi- 
den,  etc  ngrco,  340,  347;  empress 
of  Russia's  declaration,  353,  355- 
other  nations  join,  350;  Spain,  France.' 

of,  358;  the  Netherlands  join.  360 
Armstrong,  General  James,  in  8crvice"in 
Umrlcston,  South  Carolina,  iv.  3U7 
401 ;  at  Gcrmantown,  v.  193  ' 

Armstrong     John,    of    Pennsylvania. 
■^l^A  !k^  Delawares  at  Kittaning 
".  4H  465 ;  ,n  the  expedition  agains 
tort  Duquesne,  493,  495 
Armstrong,  Major  John,  used  by  Gates 
at  Ncwburg,  New  York,  vi.  71 ;  au! 
thor  of  anonymous  addresses  to  the  ' 
army,  71,  72.  j 

Army  American,  number  and  condition  ' 
on  Long  Island  and  in  New  York  v 
24,  25;  addition  of  volunteers,  26* 
-J8 ;  Pennsylvania  regiments,  Massa! 
chusetts  fishermen,  34;  safely  carried 

t  ^r  ^.°'''''  ^'^-38!  sufferings  of, 
^4, 40 ;  spirited  attack  on  the  enemy 
40,  47;  plan  of  congress  for  enlist- 
ments defective,  61,  52;  course  pur- 
sued, 81  ;  in  New  Jersey,  148 ;  sup- 
ply of  arms  from  Franco,  148  181  • 
stores  at  Peekskill,  New  York,  de-' 
etroyecl,  161 ;  number  under  Wash- 
ington  (May  1777),  163;  troops  with 
Washington  209,  210,  213 ;  sufferings 

2n  2  ?MT''  Pennsylvania,  212, 
^irf,  217,  218;  pay  m  paper  money, 
officers  to  receive  half  pay,  218 

Condition  of,  v.  296,  297 ;  how  to 
be  raised  (1779),  318;  severe  straits 
m  the  winter  (1779,  17S0),  334- 
troops  from  North  and  South  Caro- 
im  jom  yneoin,  S6S;  couditiou  of, 


481 


at  Morristown,  New  Jersey.  424- 
without  pay,  destitute,  nearly  dis-' 
solved,  443-446 ;  revolt  of  Pennsyl- 
vania troops,  461;  patient  sufleriL 
of,  45  ,  452;  pitiable  condition,  458  • 
ragged  and  barefoot,  490;  winter 
|i;.arter8  (1781,  1782),  626;  WaT 
mgton  8  high  praise  of,  601  ;  at  New- 

•"'?;.  ^''^  \"'''''  "''P''"'«  t«  «>ngrcs8. 
VI.  69,  60;  debt  to,  and  half  pay.  62  . 
anonymous  addresses  to,  71  •  meet' 
ing  of  the  officers,  Washington's  ad- 
dress  to,  and  result,  73-75  ;  action 
of  congress  respecting,  75 ;  war  at 
an  end  77;  rightful  claims  of,  78- 
disbanded,  82;  go  home  without  a 
farthing  in  their  pockets,  83  ;  Wash- 
ington  s  last  words  in  behalf  of.  83. 

Army,  Continental.  Sec  Continental 
Aimy. 

Arnold,  Benedict,  captain  of  volunteers. 
Boe8tocamp(1775),  iv.  170,  171-  tj 
KO  against  Ticonderoga,  173;  at  the 
capture  of,  by  Alle„,S'82 ;  on  Lake 
Champlain,  194;  in  command  of  ex- 
pe(lition  to  Canada,  winter  of  1775 

il  i'V-'.^''*  °^"''  ^"<^^'=^'  301 ;  Brit! 
isd  flotilla  surrendered  to  him.  301  • 
IS  wounded,  807 ;  in  Montreal,  381  •' 
exploits  on  Lake  Champlain,  v.  69-61  • 
angry  at  congress  for  non-promotion! 
148 ;  attack  on  Tryon's  force,  161  • 
appointed  major-general,  152;  re- 
ward from  congress,  152;  bad  habits, 
offers  to  the  English  commander 
tried  by  court-martial,  427;  gets  him' 
sell  appointed  to  command  of  West 
loint,428  ;  correspondence  with  Clin- 
ton   through   AndiY,,  428 ;   letter  to 

Andr6,  431 ;  price  of  his  treachery, 

431 ;  escapes  to  a  British  ship.  434- 

insolent  letter  to  Washington,  436  •' 

,      reward  of  his  base  deed,  437  438  •' 

impudent   letters,  488;  sent  to  the 

I      Chesapeake  by  Clinton,  burns  Rich- 

mond    Virginia,  605;   sent  back  to 

New  York,  607  ;  plunders  and  bums 

XMew  London,  Connecticut,  607 

Artaguette,  daring  adventures  of,  and 

death,  ii.  234-236. 
Articles  of  war,  improved  code,  v  61. 
Ashe,  General,  American  troops  under. 

defeated  by  Colonel  Prevost,  v.  369. 
Ashley  (1740),  on  raising  revenue  by 

reducing  duty,  ii.  245. 
Ashley  and  Cooper  rivers,  i.  430.     See 

Shaftesbury. 
Assanpink  Creek,  New  Jersey,  v  104 
AsBiento,  agreement  with  Spain  as  "to 


1 

'  I 

1    : 

if 

48S 


INDEX. 


it      :> 


.•'  - 


■     I' 


(     ■:-   >, 


'     <     '.i' 


■  ii  '\ 


tho  slave-trade,  Ii.  209;  asBigncd  to 
the  South  Sea  Company,  270,  271. 

Atlee,  of  FcnnajlTaaia,  on  Long  Island, 
New  York,  v.  80. 

Attakiilla-kulla,  Cherokoo  chief,  ii.  617. 

Attacks,  CrispuS,  mulatto,  killed  in  lion- 
Urn  massacre,  iii.  373,  374. 

Aubry,  bravo  French  oBicor,  ii.  494;  de- 
feated at  Niagara,  ROl ;  in  New  Or- 
leans, iii.  818,  352,  363. 

Augusta,  Georgia,  founded,  ii.  236;  re- 
covered  from  tho  Briti.sh  by  Pivikens, 
V.  600. 

Austria.    See  Joseph  II. 

Avalon,  Newfoundland,  i.  1 60. 

Aver,  Samuel,  bravo  conduct  of,  il.  197. 

Ayllon,  De,  with  two  ships,  seizes  In- 
dians for  slaves,  i.  26;  further  enter- 
prise, 20. 

B. 

Bacallaos,  i.  12,  20. 

iiaokwoodsmon,  wo.>*t  of  tho  Allcghanies, 
iv.  83,  84;   avenge  murders  by  tho 
Indiana,  84 ;   prowess  under  George 
R.  Clark,  v.  309-316. 
Bacon,  Sir  Francis,  i.  99 ;  intolerance  of, 
toward  Brownists  or  Independents, 
1 92 ;  views  on  colonization  and  church 
authority,  202,  203. 
Bacon,  Nathaniel,  goes  to  Virginia,  i. 
469;   commands  forces   against  tlio 
Indians,  459, 460 ;  proclaimed  a  rebel, 
460 ;  elected  burgess,  460 ;  demands 
and  gets  a  commission,   401,   462; 
"grand rebellion  " of,  463  465 ;  death, 
466 ;  results  of  the  rebellion,  469. 
Baldwin,  in  tho  federal  convention,  from 
Georgia,  vi.  260,   263;    on   limit  of 
slave  taxation,  325 ;  on  counting  the 
electoral  votes,  340. 
Balfour,  Andrew,  murdered  by  Fannin"'. 

v,  654.  , 

Balfour,  British  colonel  at  Charleston, 

South  Carolina,  v.  479,  602.  I 

Ballot,  origin  of  vote  by,  in  America,  i. 

228,  247. 
Baltimore,   George,  first  lord,   i.   156; 
colonizes  Newfoundland,  166;  obtains 
charter  for  Maryland,  167;  death,  168. 
Baltimore,  Cecilius,  second  lord,  opposed 
by  Virginia,  i.  169 ;  character  of,  169 ; 
gentle  administration,  165,  166;  of- 
ifers  to  the  Puritans,  166;  pre-emp- 
tion right,  166,  166 ;  Ingle'a  disturb- 
ance, 166;  Protestanv  j^'^-'ernor  ap- 
pointed, 167,  168;  in  England,  172; 
appoints  Fendall  bis  lieutenant,  174; 
death  of  (1676),  438. 
Baltimore,  Charles,  third  lord,  i.  433; 


rule  in  Maryland,  439;  badly  used  by 
James  II.,  440;  religious  troubles,  in- 
Burrcction  in  Maryland,  etc.,  441 ;  hia 
claim  to  Dolawaro  resisted  by  tho 
Dutch,  616;  dispute  with  Pennsylva- 
nia as  to  boundaries,  664. 
Baltimore,  fourth  lord,  becomes  a  Prot- 

cstunt,  ii.  23. 
Baltimore,  Frederic,  sixth  lord,  11.  306- 
character  of,  396;  rights,  income' 
church  patronngo  (1764),  396,  S'Jfl.  ' 
Baltimore  city,  spirit  of  (1774),  iv.  14 
16;  hiiiled  as  a  model,  16;  women 
of,  and  Lafayette,  v.  600 ;  words  of 
Washington  to  the  people  of  (1789) 
vi.  470,  '• 

Bancroft,   Richard,   bishop  of  London 
and  archbishop  of  Canterbury,  scnti- 
ments  of,  i.  107. 
Bancroft,  Edward,  of  Connecticut,  be- 
comes a  spy  for  the  English,  v.  17, 18. 
Bank  of  North  America,  vi.  29 :  success 

of,  123. 
Bank  of  the  United  States,  first  bogin- 
I      nings  of,  v.  446 ;  provisions  of  char- 
!      ter,  666,  667  ;  Hamilton's  and  Morris's 
plans  for,  vi.  26,  26. 
Baptists,  in  Massachusetts,  i.  301 ;  per- 
secuted   in    Massachusetts,   312;   in 
Virginia,  448 ;  in  Rhode  Island,  608, 
611 ;  views  of,  as  to  alliance  with  tho 
state,  V.  164,  150. 
Barhadoes,  planters  from,  in  Carolina, 

1.411. 
Barclay,  Robert,  governor  of  New  Jcr. 

scy,  i.  678. 
Barontsen,    William,   on  the  coast  of 

Nova  Zcmbla,  i.  478,  479. 
Barlow.     See  Aniidas. 
Barnard,  Sir  John,  ii.  244. 
Barnsfare  and  his  cannoneers,  at  Que- 
bec, iv.  306. 
Barnwell,  and  the  Tuscaroras  in  North 

Carolina,  ii.  204. 
Barre,  Dc  la,  governor-general  of  Cana- 
da,  ii.    175 ;  struggle  with  the  Iro- 
quois, 175,  176;  superseded,  176. 
Barr6,  Isaac,  good  conduct  of,  ii.  484, 
485 ;  with  Wolfe,  603 ;  wounded,  610; 
leaves    the  army,   iii.   05;    eloquent 
speech  in  parliament,  99-101 ;  on  the 
state  of  America,  334;  opposes  tak- 
ing away  charter  of  Massachusetts, 
477;  euiogizes   Montgomery  in  par- 
liament,  iv.   309 ;   in  parliament,  v. 
64  ;  supports  the  motion  to  stop  the 
war  against  the  United  States,  630. 
Barrett,  Colonel  I.,  at  Concord,  Massa- 
chusetts, iv.  168. 
Barrington,  chancellor  of  the  excheq- 
uer, ii.  630;  military  secretary  (1774), 


m 


INDEX. 


aroraa  in  North 


opinion  as  to  conquerlnp;  America,  h. 
»7;  cnllfl  for  twenty. Hvo  ihouHnnd 
troops  against  Anu'iica,  and  sa>B  the 
li  ea  of  taxation  is  given  up,  280  ;  do- 
clarcH  It  a  noecasity  to  hire  mercc 
nanoM,  857;   view8  as   to   American 

„  """•  \'^.'i}  ""''J'"""*  to  the  Icing,  283. 

IJaiton,  Uilimm,  author  of  pamphlet  on 
powers,  etc.,  of  congress,  vl   20 

Barton,  G'ol.-nel  William,  captures  Rrit- 
18  1  general  Prcscott,  near  Newport. 
Khodo  Island,  v.  106. 

Bath,  oarl  of,  ii.  624. 

Uauni,  Colonel,  expedition  against  Ri-n- 
nmgton  Vermont,  v.  171  ;  total  dc- 
toat  and  death,  172,  173. 

Baxter,  George,  brings  charter  to  Rhode 
Island,  1.  303  ;  drafts  petition  to-'ov- 
ornor  of  New  Nethorland,  614,  615 

Baxter,  Kidiard,  i.  695,  696 ;  on  sla- 
very, li.  277. 

Bayard,  John,  in  town-mccting  in  Phila- 

uolphia,  iv.  420. 
Baylor,  Colonel,  at  Trenton,  New  Jersey 

V.  99;  liglithorsc  of,  slaughtered  by 
the  British,  288.  '' 

Beauchamp,   Lord,  filciid  to  America, 

111.  820,  344,  385. 
Beaufort,  South  Carolina,  v.  307 ;  capitu- 

Beaiijeu,  naval  commander  in  La  Salle's 
expedition,  ii.   170;  jealousy  and  il'l 
behavior  171, 172 ;  at  Fort  Duquesno, 
422;  falls  m  battle,  422. 
Beaumarchais,   Comto  do,  iv.    88;    in 
England,  801 ;  interview  with  Arthur 
Lcc,  861 ;  in  Paris,  recommends  help- 
iiig  the  Americans,  361 ;  communica- 
tion to,  from  Vergonnes,  371 ;  offer  to 
Deane.v.  18;  addre8stoMaurepa8,131 
I.oau-S6jour,  fort  at,  taken,  ii.  428 
15eckford,  W.,  in  parliament,  opposes 
taxing  America,  iii.  99;  in  house  of 
commons,  196;  sensible  words,  823 
826;   prints  American   letters.  343- 
views  of,  844.  ' 

Bedford,  duke  of,  colonial  minister,  ii 
S.il ;  ability  and  character,  331,  332  • 
resigns,  808;  views  as  to  peace  with 
franco,  640;  privy  seal,  656;  in  the 
ministry  (1763),  iii.  63  ;  contest  with 
Oeorge  IIL,  125;  protests  against  re- 
peal of  stamp-act,  210,  211;  in  the 
house  of  lords,  240;  with  Rockin". 
ham,  268 ;  the  coalition  ministry  fail's 

IIV  H^  P'^'''^  J"'"^  *''°  ministry,' 
^67 ;  advises  to  ship  Ameripan  trai- 
tors  to  England,  330,  832. 
Bedford,  G.,  of  Delaware,  in  federal 
convention,  vi.  220;  rails  at  Georgia, 
^68 ;  on  national  legislation,  270. 


483 


Bcokman  Dutch  lieutenant-governor  on 

tho  Delaware,  i.  510. 
BchrnuH'a  Ikight.s,  v.  182. 
Bchring,  v.,  discovers  North-west  Amer- 

lea,  ii,  303. 
Belcher,  governor  of  Massachusetts   ii 

245 ;  accepts  a  nalniy  by  annual  vote! 

252;  in  New  Jersey,  398;  chief  W 

tico  at  Halifax  approves  exilinR  Acn- 

(liaiifl,  430,  4:il. 
Belgium,  and  peace  of  Utrecht,  ii.  208  • 

Binds  an  agent  to  the  United  States 

(1783),  vl.  65, 

Bollinsham,  Uiclmrd,  1.  223;  governor 

of  Ma.^sachu8ett8,  375,  370. 
Bellomont,  governor  of  New  York,  ii 

40, 41 ;  governor  of  MaRsachusettH.'cs 
IJennet,  Richard,  governor  of  Virginia, 

i-  147;  enters  Maryland,  and  takes 

possession  of  government,  171 
Bennington,  Vermont,   wrongs  of,   iii. 

Benton,  Egbert,  in  New  York  legisla- 
ture moves  calling  a  state  convention 
on  the  federal  constitution,  vi.  486 

Bcntlmm,  Jeremy,  v.  21,  22 

Berkeley,  IJishop  George,  noble  charac- 
ter, ii200;  at  Bermuda,  207;  resi- 
dent of  Newport,  Rhode  Island,  207  • 
disappointed  as  to  his  great  univer- 
Bity,  207;  returns  homo,  interest  in 
American  progress,  267;  prophecy  in 
ver.sc,  207.  •  *     i       /  •" 

Berkeley,  Lord  John,  one  of  tho  pro- 
prietaries  of  Carolina,  i,  408 ;  obtains 
grant  in  New  Jersey,  620;  sells  West 
Now  Jersey  to  the  Quakers,  646. 
Berkeley,  Sir  William,  governor  of  Vir- 
ginia,   i.    139,    140;    introduces    re- 
I      forms,  140,  141 ;  elected  by  burgess- 
es, 150 ;  agent  in  England,  445, 446  • 
salary  as  governor,  449 ;  dislikes  edu' 
cation,  etc.,  451  ;  establishment,  450  • 
refuses  to  protect  frontiers,  468 ;  ac' 
tion  in  Bacon's  case,  401,  462;  takes 
flight,  403  ;  savage  ferocity,  467,  468  • 
censured  and  removed,  408;   death' 
463.  '  » 

Bermudas,  granted  to  Virginia  in  third 
charter,  i.  104. 

Bernard,  Francis,  governor  of  New  Jer- 
Bcy,  on  enlarging  royal  power,  ii.  529  • 
governorof  Massachusetts,  531 ;  plans 
for  subduing  the  colonies,  iii.  64  ;  se- 
cret advice  to  the  ministry,  79,  80 ;  ad- 
vice  as  to  colonial  subjection,  93,  94  • 
address  to  the  legislature,  112,  113- 
frightened,  139;  fears  trouble,  147* 
calls  for  submission,  173 ;  elated,  217  • 
altercation  with  the  assembly,  217* 
218;  advises  coercion,  2 -'2;  navi-al 


i 


w/\ 


'■  I  rl^' 


it 


li- 


t    i: 


I   r 


li  '  !   ,i    1} 


(Ifili-ll 


.J  ■! 


i' 


484 


IND£X. 


tion  ond  l)lllctln;5  octn,  231,  23r5 ;  nd 
vice  (uid  coiirHc,  2IH;  biixIoiih  for 
troopH,  270,  2h(>;  plots  with  IIIIIh- 
borough  o^'niimt  liberty,  287,  288;  to 
Le  nitido  iioutenaiit-Rovcrnor  of  Vii- 
Riida,  289,  2U0;  courno  toward  the 
towii.iiiet'tiiijr,  200;  duplicity,  205; 
askri  to  liavo  troops  (pmrtcrod  in  lio^- 
ton,  3O0;  abMcoiid.M,  ;U 2 ;  (U(j;i.'h  for- 
fiiluroof  MiisHiuliuscttHfiiartor,  .'til ; 
ecli(>nu<.H  and  pliviiH,  iUi'l ;  iniinasked, 
8i;);  rocnikd,  lUO;  last  olTorlH,  ItlO, 
.'tnO;  nuau  character,  goes  to  Eng- 
land,  .';AI. 
llornstolf,  Daniiih  pritno  minister  (1779, 

1780),  V.  Jir.l,  :t50. 
IJovericy,  Hobort,  Hupprcssos  insurrec- 
tion in  Virginia,  i.  10(1,  -KiT. 
Iliart,  Jesint  ndssionary  among  the  Ca- 

nibas  in  Maine,  I.  20. 
Biddle,    NiioliiM,    United    Stntos    navy 
oHieer,  v.  6 1 ;  bruvo  light  lu  the  Kaii- 
dolpli,  222. 
nienvillo,  brother  of  Iberville,  11.  18.S, 
100;  in  Mobile,  101  ;  af^ain  in  Louisi- 
nna,  2.(4-237 ;  appi-aled  to  in  rari.*), 
iii.  ;il((. 
nikker  of  Amsterdam,  i.  179. 
Uilloiica,  coiintiymim  from,  tarred  and 
feathered   in    Hoston,   iv,    131;    the 
matter  remembered  afterward,  102. 
Billeting  troops   in   America,   iii.  105, 
230  ;  resisted  in  New  York,  2;i0  ;  and 
in  South  C^arolina,  230 ;  a  grievance, 
270. 
niaekfoot  Indians,  ii.  90. 
Blacks.     See  Nej^roea. 
Blackstonc,  Uev.  William,  i.  223. 
Blackstone,  fc-ir  William,  ia  parliament, 

iii.  105. 
Blair,  Kov.  Jamcp,  commissary,  Hecurea 
establishment  of  William  and  Mary 
college,  Virj;inia,  ii.  18. 
Rlakc,  Joseph,   leads  colony  to  South 

Carolina,  1.431. 
Bland,  Hichard,  prepares  petition,  etc., 
iii.  285 ;  declines,  in  consequence  of 
nge,-;oin,^  to  congress  (1775),  iv.  254  ; 
in  Virginia  convention,  415. 
Bland,  Theodore,  in  congress,  debate  on 
revenue   (piestion,   vi.  03  ;  proposes 
ordinance    for    forming    new  states, 
81. 
Blasphemy  punished  in  Mas.sachusctts, 

i.  312. 
Blathwayto,  one  of  commissioners  for 

trade  and  plantations,  ii.  73. 
Bliss, Theodore, at  tho  "Boston  massa- 
cre," iii.  374. 
Bloclt,  Adriaen,  explores  along  the  coast 
of  >forth  America,  i.  189,  100;  soils 


through    Ilcllgtite,   and   ascendi  the 
Conneetlcul  river,  489. 
niouunnert,  Samuel,  i.  408. 
Uloody  Di'ook,  nmssucru  at,  by  tlie  In 

dians,  i.  IIOO. 
Itlouln,  Uaniel,  agent  of  Illinois,  ill.  4.17. 
Bciord  of  trade  and  plautaiions  (ICOij) 
ii.  73,  74  ;  wishes  to  rodueo  all  tho 
colonies  to  dependence  on  tho  gov. 
criuuent,  78,  79;  monopoly  of  colo. 
nial  trade,  80 ;  loses  inlluence,  84, 85 ; 
report  on  colonial  eomnicrco,  240  •' 
plans  a  scheme  for  revenue,  240,  247  • 
lis  coiUHO  produces  trouble  and  con- 
fusion, 320 ;  llaliia.\  at  its  head,  340 ; 
great  meeting,  352  ;  bill  to  restrain 
paper  currency,  307  ;  scheme  for  con- 
trolling  America,  308  ;  new  powers, 
370;  Dinwiddle's  report  to,  373;' 
pushes  its  laws,  400,  410  ;  Merciless 
,  to  tho  Aeadiun.s,  434  ;  on  military 
elTorts  in  the  coloiues,  440 ;  obtains 
a  permanent  ormy,  448  ;  advi.-^es 
taxing  America,  532  ;  works  through 
the  admiralty  courts,  663  ;  approves 
I'ratt's  vlew.s,  567. 

Charles  Townshcnd  first  lord  of 
trade  (1703),  with  increased  power,  iii. 
30;  Slielburneat  the  iiead  of  the  boardj 
40 ;  Hillsborough  at  tho  head,  54  • 
infamous  order,  133  ;  opposes  coloni- 
zation in  Illinois,  231,  232. 
Board  of  war,  appointed  at  Washing, 
ton's  desire,  John  Adams  at  its  head, 
iv.  425  ;  executive  board  of  war,  live 
in  number,  v.  210. 
Board  of  customs,  established  for  J>mer. 

iea,  iii.  251,  250. 
Bolingbroke,  Lord,  socrelary  of  statt  in 
England,    ii.    44,   45 ;    character   cf, 
190,  200. 
Bollan,  William,  agent    for   Massachu- 
setts,   ii.    347,    350,    307;   dismisseil 
because  an  Episcopalian,  553. 
Bonvouloir,  agent  of  Franco  in  America 
(1775),  iv.  3(;0;  conference  with  se- 
cret committee  in  riiiladelphia,  3G2; 
reports  to  the  French  minister,  802, 
803. 
Book,  tho  first  printed  in  North  Amcr- 

lea,  i.  280. 
Boone,  Daniel,  in  Kentucky,  adventures 
of,  iii.  365-357,  303  ;  in  1773,  iv.  84; 
adventures  in  1775,  195,  100;  death 
and  character  of,  106. 
Boone,  Thomas,  governor  of  South  Caro- 

liua,  iii.  66. 
Boonesborough,  Kentiicky,  iv.  lOf. 
Boscawen,  Admiral,  ii.  410,  420,  440; 
French  ships  cni)tui-ed  by  Howe,  on 
bis  order,  420 ;  at  Louisburg,  484, 480. 


INDEX. 


id  ancfnUa  tho 


slied  for  .> mcr- 


North  Amcr. 


of  South  Caro- 


^OU;  justilics  Hlavoiy,  v.  403 
IJoston,  Ma-<s„,,.|nm,;ttH,  foiirulwl,  1.  223 
2^4;  i.,,„„m  privfttotTH,  :JH(. ;  action 
on  th."  am.HUMU  ..f  WilMam  and 
Alary,  rm  mi;  i„ercn.c.H  i„  p,„H- 
P<'nty  uikI  itririoititic.-,  ii.  -Jdl  2(15  • 
roHU.s  iini,ivs.„,cnt,  111  I;  polUioul 
excitouuMit   ,n,    r..»s ;    ,.|«Ht,.   oti.   to 

fi<"»,   r.Oi;    tow.,.in....tln^.  n7.,;i),   iii* 
Jt;  Hpintol,  77;   fei'lii,},'  «t  the  Muv 

tho  Htuu.p..,ct,l;i,v  1:17;  rejoiJcs  over 

^17,  the  proH-i  in,  aoi,  2<l-j  ■  town- 
nK-oth.K,  201;  riot  (June  l7.iH),  2H<J 
^»0;  co;mn.s.Hi„„or.s  „f  rcvoniio  with! 
drft«r  In,,,,  aim;  tovvn.n.ci.tin;;  ,u.d 
ovcrnor  llorn.nl,  2!..);  report  o 
the  crown  «(!ic:.Ms,  201  ;  hist  actions 
ton<,'ontH,  2!)1,  2!»2. 

Denounced  in  |.;n;.l„„,l  „,  in,,,,„t 
"11.  ^'JO;  to  hi)  punished,  2'JS.  ;{()i  ! 
«f,'>-ceH  not  to  import,  291);  town-' 
moctiny,  ;ii.7,  3(),s ;  action  of,  308, 
•^OU  ;  Jiidicioug  conr.Ho,  311  •  two 
rc-nuontM  of  troops  land,  312-  dis- 
pnto^  as  toquartorinR,  313;  Htrang. 


485 


'ns,  24,  25  ;  (jonoroim  sympathy  nmnl- 
fcHtcd  toward  llo.ston,  2H,  20-  co 
"ilttto   conHult   tho   lowni,   4fl    Z- 

own.inccth.,L',.M.;  three  cou'ntl..H'.,.cTi 
iri  conmilion,  fl2  ;  Hy,n,mlhy  of  con- 
RrosH    71;  Kniiid  ciKhnanee  of,   m, 

'":.  '"''!•  ''teivcl,  |;)|,  i;j2;  i,,.! 
havior  of  KoKJiHh  troo,,H,   181  ;   !{„„. 

'.t.  and  environs  wat.l.e.l  l.y  IIu.op,. 
in  1;  he.K.gedl.yti,eAnH.rieanH,l(fl 
1  ntlsh  omnrs  .hut  in,  anKr^  an. 
Hhu.derouM72;  inl.ahitantH  uflowcd 
to  «o  out  on  <;a(.'..'H  pledm-,  which  Ih 
•'"t  kept,    172;   Kkirnd  h\;ear   Kai 

oHto,,  93;  »nhir  on  (irapc  iHland. 
1.M;    Ills  around,  211  ;  Hutlerin-H  of 

'0  inhub.tantH,  21..;  HmUhI,  tn.ops 

.;l"'"'«thc«,utcr,325;ahandon'd 

n  a  hurry  hy  Howe,  329,  330  ;  joy  in 

the  city,  330.  »  J  /  »» 

V.  V^Tl'Vi'""  "^  "'"*•'»  '"''1  'n  (1V80). 
]:.?/"''',yj.fn<'Vein(i,t.sin(17«5),vf. 
i-iU;  calJH  for  increase  of  powcrH  for 

1",  on  the  federal  convention.  307  • 
■•<'J"innKs  over  tho  ratification  of  tho 
conHtmitiou    of    the    United    Statc^ 


:i27-329;    (inn,   ;);,i.    enforces  non 
importation    a,^'roeulcnt,   359;    "an. 
peal   to   tho  vvorl.i,"  3,10;  troops  i!,- 
active,    301;    troops    supplied    with 
nmtnunltion,  3(19 ;  spirit  of  the  peo- 
plo,  370,  371  ;  disputes  with  the  sol- 
diers,   371,    ;J72  ;    fifth    of    March, 
fioston  massacre,"  372-37". ;  town! 
irmoting,  37(5;    deman.Is   withdrawal 
of  troops,  370 ;  council's  advice  and 
Hutchmson's  subuiission,  378  ;  funer- 
al  of  tlio  vietinis,  378 ;  instructions 
to  rcpreseiitativos,  379;    town-meet    | 
logs  action,  447,  418;  tho  tea  must  ! 
Ro   back,  450,  451;    watch   kept   by  I 
^K!    people    451-463;    groat    public 
inc<  in-   455;  resolves  that  tlio  tea  ' 
Bhall   not  be   landed,  450  ;  p„rt  bill,  I 
debate  in  the  house  of  commons,  471-  I 
4<4;  m  tho  lords,  475.  I 

I'ort  bill,  how  received  (1774)    iv    ' 
0,  C  ;  town  committees  meet  in,  6   I- 
l«etea  not  to  bo  paid  for,  0 ;  circu-'  I 
lar  letter  to  the  colordes,  Y  ;  firm  and 
watchful,  9;    willing;   to   sufTer,   14; 
blocicade,    19;    effects    of   this    else! 
wlierc,  20 ;  people  to  bo  fired  on.  if 
Gage  chooses,   20;    trials   to   be   in 
i-nyland,  21  ;  more  troops  arrive,  22 
^•i ;  the  people  firm,  23  ;  town-meet- 


9ni'  ^°''''-'  «'^"''"°''  "^  Virpinla, 
I  .";,  ^Z:  ""'"'T'  f'"'"''  ""P'CH^ions 
I       ...I,  3-'2;  promises  as  to  tho  lepcu 

I  Jioudinot  hhas.  Bends  Washington's  cir- 
cular  letter  to  American  ministers 
"...oad  (1763),  vi.  97;  a.M.rs  to 
U  aslunrrton,  1()2,   103;   in  tho  first 

'       congress  (1789),  408. 
Uoiiker.  primate  of  the  Irish  church,  li. 

boundaries  of  tho  United  States  (1780) 
fiuestion  of    v.   ;i25,   517,  553;    dis- 
I       e.is.sed  by  ,I,c  ,,eaec  commissioncrB, 
1       (^H,  575;  how  settled,  570-578 

,  "o"<l''ct,('oIoncl  Henry,  inarch  against 
I       tho  Imiians  and  success  (1703),  iii.  48 

I       Ohio,'?7  88."°  "'"""^  ^"''''"'  ""  ^'^^ 
Ilourdonnais,  La,  schemes  of,  ii.  300 
I'owdoin,  James,  in  the  council  of  Mas- 
sachusetts,Hi.  432, 435 ;  Ictterio,  from 
iM-anklm,  iv.   130;   president  of  tho 
legislative  council,  242;  governor  of 
Alassachusetts,  vi.  139;  rccon.mends 
th()  federal  convention,  139;  reply  to 
objections  of   Gerry,  etc.,  140    147  • 
wise  and  humane  course,  200,  201  •  in 
the  state  convention  on  the  federal 
constitution,  390;  supports  the  cou- 
Btitution,  401,  404. 

Bowler,  M.,  speaker  of  Rhode   Island 
assembly,  iv.  6. 


Ill 


,(1. 


.;f 


(  !, 


486 


INDEX. 


W  n: 


hiiim 


t  j 


■  y, 


Boyle,  Robert,  i.  376. 

Brackctt,  Anno,  her  bravo  exploit,  i. 

391.  ^      ' 

Braddoek,  E'lward,  sent  to  America  as 
general-in-chief,  ii.  412;  arrives  with 
troops,  410;  recommends  parliamen- 
tary taxation,  4 16,  417  ;  plans  ajrainst 
the  French  in  tiie  Ohio  valley,  il9, 
420;  h\ow  advance,  420,  421;  defeat 
and  death,  422-424. 
Bradford,  William,  governor  of  Plym- 
outh colony,  i.   210,  211;   welcomes 
Winthrop,  244,  245. 
Bradstreet,    Colonel    John,    provisions 
Oswego,  New  York,  ii.  452;  captures 
and  razes  Fort  Frontenac,  491 ;  expe- 
dition and  treaty  with  the  Indians,  iii. 
85. 
Bradstreet,  Simon,  sent  by  Massachu- 
setts to  England,  i.  370 ;  on  the  king's 
prerogative,  379 ;  governor  of  Massa- 
chusetts, 599. 
Braintrec,  Massachusetts,  town  of,  on 

the  courts  of  admiralty,  iii.  147. 
Brandywine,  battle  of  the,  defeat  of  the 

Americans,  v.  177-179. 
Brant,  Joseph,  Mohawk  chief,  in  Eni;- 
land,  promises   help   against  Amen- 
cans,  iv.  328 ;  ready  for  war,  v.  142, 
143  ;  with  the  Mohawks,  156. 
Brattleborough,  Vermont,  ii.  223. 
Bray,  Rev.  Thomas,  commissary  of  t'i« 
bishop  of  London,  zeal  for  the  church 
of  England  in  America,  ii.  21,  22. 
Brearly,  D.,  of  New  Jersey,  in  the  fed- 
eral  convention,  vi.  227,  333;  on  the 
committee  of  eleven,  334. 
Brebeuf,  Je::uit  missionary,  Ii.  139 ;  mar- 
tyrdom, 14C. 
Breed's  Hill,  near  Toston,  Massachusetts, 
iv.  214;  occupied  by  Trescott,  215; 
the  8cv»  teenth  of  June  1775  veryhot, 
217;  state  of  the  defences,  218,  221 ; 
how  the  battle  was  fought,  221-223; 
number  of  men  in  the  engagement, 
223 ;  first  attack  by  the  enemy,  223  ; 
attack  on  the  redoubt,  224;  how  re- 
ceived, 224;  British  recoil  at  the  rail 
fence,  225 ;  second  attack  on  the  re- 
doubt   by  Pigot,  225;   driven  back, 
226 ;  terrible  scene,  226 ;  third  attack, 
227 ;  powder  gives  out  and  Prescott 
retreats,  227,  228 ;  great  loss  of  the 
British,  229 ;  American  loss,  229,  230 ; 
British  and  Ameriian  opinions  on  the 
battle,  231. 
Brossani,  Jesuit   missionary,  sufferincs 
of,  ii.  143.  ^ 

Breton,  Cape.     Sec  Cape  Breton. 
Breukelen  ferry,  i.  618. 
Brevard,  Ephraira,  iv.  197. 


Brewer,  of  Waltham,  proposes  expedi- 
tion against  Quebec,  iv.  I73,  174. 
Brewster,  William,  of  Scrooby,  1,  194. 
ruling  elder  of  Puritans     ho  m  to 
Holland,  199.  ^ 

Breymann,  Colonel,  goes  to  Baum's  help 

V.  171;  retreats,  172. 
Brickett  and  Bridge  at  Bunker  Hill  iv 

217.  ' 

Broglie,  Count  de,  in  favor  of  United 
States  against  England,  v.  20,  21 ;  in- 
timatcs  a  willingness  to  go  to  Ameri- 
ca  on  certain  conditions,  12C. 
Bromtield,  murders  Lcdyard,  v.  C07. 
Brooke,  Lord,  i.  258,  261. 
Brookfield,   Massachusetts,    burned     i 
889.  '     ■ 

Brooklyn,  Connecticut  (1774),  iv.  28. 
Brooklyn,  Long  Island,  New  York,  how 
fortified  (1776),  v.  24;  Iloue's  plan 
of  attack,  29 ;  evacuated  by  order  of 
Washington,  36-38. 
Brooks,  John,  of  Reading,  Massachu- 
setts,  leads  the   minute-'men  at  Con- 
cord, iv.  162;   at  Bunker  Hill,  219- 
colonel,  at  White  Plains,  New  York' 
V.  74;  with  General  Gates,  188,  189; 
in  the  state  convention  on  the  federal 
constitution,  vi,  396,  399. 
Broom,  Jacob,  of  Delaware,  in  the  fed- 
eral convention,  vi.  326,  327. 
Broughton,  of   Jlarblehead,   Massachu- 
setts,  cruises  against  British  vessels. 
iv.  250. 
Brown,  John,  of  Pittsfield,  Massachu- 
setts, letter  to  S.  Adams  and  Warren, 
iv.  143 ;  major,  goes  to  ascertain  the 
state  of  Canada,  291 ;  excellent  offi- 
cer,  295 ;  at  capture  of  Fort  Chambly, 
296;  at  taking  of  Quebec,  305;  ex- 
ploits of,  V.  182,  183. 
Browne,  John   and  Samuel,  church  of 
England  men,  i.  228 ;  for  using  the 
liturgy  in  Massachusetts,  shipped  back 
to  England  as  "factious,"  etc.,  2'28, 
229.  '        ' 

Browne,  Robert,,  founder  of  the  Inde- 
pendents, i.  187,  188. 

Brownists.     See  Independents. 

Brunswick,  JIaino,  Durncd,  ii.  219. 

Brunswick,  duke  of,  negotiation  with, 
for  troops  to  serve  in  America,  iv. 
850;  character  of  Ferdinand,  350, 
351  ;  terms  of  agreement,  351 ;  num- 
ber furnished,  351,  352;  miserable 
career  of  the  duke,  352. 

Brvatti  George,  v.  412,  413. 

Bucke,  chaplain  of  the  Somer  Islands, 
i.  101. 

Buckingham,  duke  of,  obtaina  grant  of 
country  on  the  Amazon,  i.  21C;  prof- 


I; 


INDEX. 


)us,"  etc.,  228, 
p  of  the  Inde- 


Somcr  Islands, 


Jigacy  of,  881 ;  a  "noble  buffoon." 
Bucl^mfnster,  William,  at  Bunker  mil, 
^tl'^^lf'^f^-'  !"  ''^°"*^  Carolina,  y. 

Bullitt  Thonms,  bravo  Virginian,  ii  494 

Bunker  Hill,  iv  214;  British  design  to 

wishes'to'v"-"''- "!'''•  u'^*'    J'"'"»™ 
wishes  to  raise  intrcnchments  on,  217, 

218    the  battle  under  Prescott  fought 
on  Breed's  Hill,  218-230  ° 

Burgesses,  house  of,  Virginia,  meet  with 
governor  and  council  in  th^  first  colo 
nial   assembly,   i.    112;   AV'ashin-ton 
elected  a  member,  ii.  497.    See  V?r 
gmir..  "  '"■ 

^SvoV°^"'   '"^JO'-- general,  with 
Howe,  character  of,  iy.  129;  arrives 

b'atSrSV't'  '"rli,,""'^^'^  -"^- 
bec  'JSO  h"f'''F'"^226;inQuc- 
DLC,    .im;    helps  to   plan    northern 

campa.gn,y.  143;  promises.  147    a° 
Quebec,    supersedes    Carleton,    157 
lOS;  13  to  form  junction  with  Uowe' 
1C8;    address   to  the  Indians,    los' 

Im'i?;^'""''*^""   ^*  <^''-o^^'i  Point 
109,  160;  luoves  against  Ticonderoga 

;'^'.f°;'*»k<;°;l«'\161;atWhiV 
nail,  ifao ;  mistakes  his  wav,  163  164  • 

on  Indian  enormity,  104  j  'reaches  the 
Hudson  river,   170,   17l';    sends    an 
expedition  against  Bennington,  Ver- 
«K>nt,   171;    difficulties  offinerease, 
173 ;  crosses  the  Hudson,  number  of 
™°P«'    /82;     advance   movements, 
183;  bad   condition  of  affairs,  185 
186:  attacked  by  the  Americans,  188 
189;   retreats     189;    is   surrounded 
ijo;  terms  of  surrender,  190    191' 
mean  behavior,  goes  to  England,  222  • 
effect  of  his  surrender  on  France,  244 
Burke,  Edmund,  on  English  cruelty  to 
the  Aeadians,   ii.  434;   agrees  with 

theboardof  trade,  580;  with  Rock, 
ingham,  m.  UO,  131;  holds  to  the 
supremacy  of  parliament,  186-   first 

speech,  187;  argument  nnd  speeches 
19^;  speech  in  house  of  commons 
Mo;  on  the  act  of  navigation  21"' 
course  on  taxing  America,  243;  in 

9ftn  I'f'.^^^i  ""'"^  grumbling  of, 
^60;  attack  on  Lord  Camden,  323- 
on  American  traitors,  833;  sarcasm' 
on  he  troops  m  Boston,  378;  attacks 
Hillsborough,  885;    on    the  Boston 


487 


port  bill,  472;  oration  on  taxin- 
America,  478,  479;   relation  to    hS 

n"'?w?^%^?®5  in  parliament  from 
Bristol  (1776),  iv.  91;  agent  of  New 
York,  108 ;  talks  with  F?anklin,  138 

140-142;  plan  rejected,  142-  bill 
to  remove  taxation  of  America,  287  • 
praises  Montgomery,  309;  thinks 
colonies  unable  to  resist  the  power  of 
iingland,  341 ;  in  parliament  (1776) 
V.  53-55;  on  the  war  against  the 
colonies,  144;  denounces  using  the 

(1I78T20I'''  "'•S'^^  making  ^peace 
(1778),  224;  supports  motion  for 
B  opping  the  war  against  the  United 

Sates  (1732)  630;  letter  to  Frank, 
i'p,  5o0;   position  and  claims,  534- 

t'Zn.l'  '^■'  ^^^'  "^^^^1  opinion 
toward  Americans,  vi.  43 

Burke,  William,  on  balance  of  power  in 
America  (1760),  ii.  525.  P"^'^'^"* 

ii "p'N^^ir i^"'  e<?vernor  of  x\ew  York, 

2>l  999  '  '''"^^  °°  *''<^  frontiers 
^-1,  -i22 ;  course  of,  as  governor,  263  • 
transferred  to  Massachusetts,  253  ' 
Burr,  Aaron,  at  nineteen,  in  the  Canada 
expedition,   iv.    298;    brave  in   the 

figUt,306;inNewyork,  V.  45;in 
^ew  York  politics,  vi.  467 

™tfif  6?°'°°'  ''^'''''^^'^0'  witch. 

Bushe,'"Case  of    Great   Britain    and 
A-nerug'    1:1.    303;    attacks   Greii- 

Bushy  Kun,  battle  at,  iii.  49 

Rnff 'P^'l'^'f  ^?  ^°"^°"'  ii-  C38-540. 
Bute    Earl  of,  ii.   456-458;   congratu. 

ates  Pitt,  472 ;  in  the  eabinet,T35 

tei  (1762)  5ob;  resigns,   iii.  36 ;  re- 
treats  to  the  country,  53,  66  •  asked 
to  aid  Bedfoi^  and  G;enville:  201 
But  er.  Colonel  John,  his  rangers  and 
fc-ix  ^atIons  warriors,   y.   107    168- 

slaughter  of  the  whites  at  Wyoming 
Pennsylvania,  279,  280  ^' 

Butler  Pierce,  of  South  Carolina,  in  the 

tcdeial  convention,  supports  the  Vir. 

Rinia  plan,  vi.  215,  222  ;  on  represen 

qm°^f -J  ',"<?  ^"Sitlvo  slave  law,  309, 

310 ;  United  States  senator,  467 
Butler,  Colonel  Zebulon,  killed  at  the 
n  ::^:T' V?  ^"^^"^y  'massacre,  v.  280. 
Buttrick,  Major  John,  at  the  battle  of 

Concord  (1775),  iv.'iei,  102. 
Buzzard's  Bay,  Gosnold's  Hope,  i.  80. 
Bylhnge,    Edward,    i.    646,    647 ;    his 

claims  resisted,  551. 
Byron,  Admiral,  sncceeds  T,r.r.l  irn„„ 

V.  286 ;  in  the  \Vest  Indies,  372.   "  ' 


!|if  I\ 
111    I    .  ', 


11  5 


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m 


iifiiliHf 


t:   il 


,1         < 

..in  ; ': 

i  fi,  i  i 


488 


INDEX. 


"  Cabal  "  of  Conway,  Gates,  and  Mifflin, 

V.  210,  211. 
Cabot,    John,    discovers    continent    of 

America,  i.  10. 
Cabot,   Sebastian,  searches   for  north- 
went  passage  to   Cathay,  i.  11,  12; 
enters  the  service  of  Spain,  13;    in 
England  again   as  grand   pilot,    61 ; 
scheme  of  search  for  north-east  pas- 
sage, 62  ;  death  of,  62. 
Cabrillo,  expedition  of,  i.  37. 
Caciques,  in  Carolina,  1.  418,  419. 
Cadillac,  La  Motte,  governor  of  Macki- 
naw, 11.  183,  186;  governor  of  Lou- 
isiana, partner  of  Crozat,  226. 
Cadwak'.'cr,    Geneva)    J.,   v.    19,    9.5; 
crosses   into  New  Jer.sey,  101,  102  ; 
stands  by  Washington,  274. 
Caen,  William  and  Emeric,  in  Canada. 

11.  137. 
Cahnewaga  Indians,  ii.  95. 
Calendar,  according  to  the  New  Style, 

11.  367. 
California,  discovered  by  Alarcon,  i.  33 ; 

Drake  in,  66. 
Calloway,  Richard,  iv.  195. 
Calvert,  Cecil.    See  Baltimore,  second 

lord.  I 

Calvert,  Cccilliis,  secretary  of  ]\raryland,  I 
on  taxing  the  colonies,  ii.  532.  { 

Calvert,  Charles,  eldest  son  of  Cecil,  1.  | 
438  ;  rule  of,  in  Maryland,  439.     See  \ 
Baltimore,  third  lord. 
Calvert,  S'r  George,  1.  155.     See  Balti- 
more, first  lord. 
Calvert,  Leonard,  brother  of   Cecil,  i. 

159. 
Calvert,  Philip,  proprietary's  deputy,  1. 

437. 
Calvin,  John,  influence  and  tenets  of,  1. 
177,    180 ;    Calvinism   in    Massachu- 
setts, 610,  611  ;  in  Connecticut,  610, 
811  ;   influence  on   the  red    and  the 
black  man,  612  ;  in  New  England,  11. 
405-407. 
Cambridge,    Massachusetts,    provincial 
congress  meets  in,  iv.  78  ;  Washing- 
ton's headquarters  in,  250. 
Camden,  South  Carolina,  v.  37S,  381  ; 
battle  of,  G.atos  defeated,   3S5-389; 
British  loss  heavy,  389 ;  occupied  by 
the  Americans,  500. 
Camden,  Lord  (Charles  Pratt),  views  on 
taxation,  iii.  188,  189;  argument  on 
taxation    and    representation,    209 ; 
lord    chancellor,    225  ;    holds    New 
York    delinquent,    24G ;    advises    to 
punish    Boston   severely,    301  ;    dis- 
missed  by  the  king,   306 ;    opposes 


Boston  port  bill,  476  ;  speech  In  the 
house  of  lords,  iv.  93 ;  supports  Chat, 
ham,  104  ;  speech  for  the  Americans 
137  ;  .a  the  cabinet  (1782),  v.  634     ' 

Campaign,  American,  1778,  closed  "be- 
fore   autumn,  v.    290;   of  i^-jg    (jc 
fenslve,317;  of  1781,  scanty  pr'ovisi 
ion  for,  458 ;  arranged  bv  VVashinc- 
ton  with  the  French,  508,  509 

Campaign,  British,  1776,  mostly  a  fail- 

T"'  i!;>  l?o'  °^  ^"^'  P'-eparation 
for,  140-142  ;  plan  of  northern  cam- 
paign, 143 ;  of  1778,  Germain's  plan 
for,  866.  ^ 

Campbell,  Arthur  and  John,  In  south- 

west  Virginia,  iv.  100. 
Campbell,  Donald,  with  Montgomerv  at 

Quebec,  Iv.  306. 
Campbell,  Lord  Neill,  governor  of  New 

Jersey  for  brief  space,  i.  580,  681 
Campbell,  Colonel  William,  v.  Scs"  at 
Watauga,  joins  Shelby,  397;  in 'the 
battle  at  King's  Mountain,  3'.;8-400- 
General  Greene  calls  on,  for  troops' 
489;  joins  Greene  at  Guilford  Court-' 
House,  491;  at  Hobkirk  Hill  493. 
at  Eutaw  Springs,  603.  ' 

Campbell,  Lord  William,  governor  of 
South  Carolina,  iv.  181 ;  self-willed 
and  heady,  265,  256 ;  eager  to  subdue 
the  province,  382;  urocs  attack  on 
Charleston,  397 ;  on  board  ship  dur- 
ing the  attack,  404  ;  badly  wounded 
409.  ' 

Campbell,  William,  of  Virginia,  at  Point 
Pleasant,  iv.  86,  87  ;  with  his  rifle 
company,  318. 
Canada,  or  New  France,  early  settle- 
ments, i.  14-21 ;  the  One  Hundred  As- 
soeiates,  11.  137;  extent  of  dominion 
claimed,  137 ;  Jesuit  and  other  Roman 
Catholic  missionaries  in,  138-140* 
progress  of  the  missions,  141,  142; 
outposts  on  the  Kennebec  and  Lake 
Huron,  144 ;  unequal  struggle,  144, 
145;  New  France  a  royal  province,149; 
feeble  condition,  149, 175  ;  New  Eng- 
land and  New  York  attempt  conquest 
of  (1690),  180;  failure,  181;  boun- 
daries by  peace  of  Ryswick,  185;  dis- 
pute as  to  boundaries  by  treaty  of 
Utrecht,  217,  221  ;  conquest  and  res- 
toration,  220  ;  sufferings  of  the  peo- 
ple, 483  ;  exhausted,  492  ;  poorly  sup- 
plied, under  arms,  560,  682  ;  con- 
quered by  the  English,  511,  612;  ca- 
pitulates, 523,  521 ;  views  as  to  retain- 
ing, 624,  625 ;  Franklin's  opinion, 
626,  627 ;  William  Pitt  holds  on  to 
it,  628. 
As  a  province  of  England,  Hi.  86 ; 


INDEX. 


John,  in  south- 


igland,  iii.  86; 


hard  treatment  of,  86,  87  (see  Carle- 
ton) ;   action  of  congress  as  to  the 
frontier,  ,v.  243 ;  Americans  resolve 
to  occupy,  291.   292;  fcelin"  of  the 
people,  291 ;  St.  John's  ani  Montreal 
taken,  294-296;   expedition  sent  by 
Washington  overland,  sufferinirs  of 
eta,  297-3,,0 ;  Quebec'assauBf304- 
IJ,:   JiVi  °°,*  '■«°'-«'ted  by  France, 
860;    British  plan   to  recover,  374  ^ 
American  force    increased,    375-    a 
general  wanted,   Thomas   Appointed. 

3??'  ^7s^''*''?, '?•[«  commissioners 
377,    378 ;     English    forces    arrive 
Americans  retreat,  378,  379;   lar-o 
army  under  Carleton.  380;  cos'sion  to  ' 
the  United  States  suggested,  but  re- 

tW  !-.°"'  •"''  ^^^^^^^y  -^^  Bet- 
tied  by  the  commissioners  (1782),  576, 

^^^°^|'°^^J>o™inican  missionary  to  Flori- 

Canibas  Indians,  i.  20. 

Cannon,  Jiime-.,   in  Pennsylvania  con 

vention  (1 770),  v.  68 
Caponchet,  son  of  Miantonomoh,  i.  33S  • 

clTJ  '"  ^'"I'P'^  """'^  ""-i  death,  392.' 
Canomcus,  sachem  of  the  Narragansetts; 

Capo  Ann,  visited  by  M.  Pring,  i.  81  ■ 
settlement  at,  222  ' 

'^TronST'd^"'"'  "''  °'"^'^'  ""'  *^° 
Cape  Cod!  named  by  Gosnold,  first  En-- 

iish  foot  on,  1.  80.  ° 

Cape  Fear  river,  colony  on,  i.  409,  410. 
Cape  Horn  named  by  Schouten,  i.  490 
Cardenas,  Lopez  de,  in  Coronado's  ex- 

pedition,  1.  34. 

^''w1f''h'p^°K'^l^?°'  *<'  South  Carolina 
with  Presbyterian  colony,  i.  432  •  at 
Port  Royal,  432  '  ' 

^''fiO't^s',?"^'.''*  ^'"''^'^^  ^!th  Wolfe,  ii. 
503   610;  views  of,  Iv.  27:  eovernnr 

or  1  / /4,  81 ;  efforts  to  rai.^^c  troons  in 
Canada,  19i;  proclaims  borderTmc" 

Icct  291;  fajis  to  relieve  St.  John's, 
^J8;  arrives  m  Quebec,  301,  302-  de- 
tends  It  successfully,   302,   303  •'  hu 
mane  to  prisoners,  308;  kindne'ss  to 

hnn.I,.  r'"'"'"''  '^'^^'^  ^•^"ds  in  five 
hundiod  prisoners  on  parole,  v.  49- 
blamed  for  his  humaiiry,  58-  pro: 
poses  to  advance  to  Albanv,  69 ;'  fl^  e 

of,  on  Lake  Champlain.  59  60  goes 
ntow,„,        „^  .       ;.oe^ 

103:  ambition  of,   147;   supersedoJ 


489 


by  Burgoyne,  157, 168;  declines  Bur- 
goyne  8  request,  163;  directed  to  go 

offers  of  Indian  raids,  555 
Carlisle,  earl  of,  one  of  Lord  North's 
commissioners   to  America,   v.   272 

Caraarthen,  Lord,  in  debate,  iii.  478, 

Carolina,  proprietaries  of,  i,  408-  con- 
flicting claims  of  Spain,   etc.  408- 
CO  onists    from    Now  England,  409.' 
410;   colonists  from   Virginia,  410- 
JJrummond  governor  of  North  Caro- 
Ima    411;  planters  from  liarbadoes. 
on  Cape  Pear  river,  411 ;  second  and 
enlarged  charter,  provisions  of.  412- 
Cooper,  earl  of  Shaftesbury,  412-415  ' 
John    Locke,    principles,    etc.,  416! 
41b;  constitutions  for  Carolina,  close 
corporation,  orders  of  nobility,  judU 
ciary    executive,  etc.,  416-419;  sec- 
ond  dralt  of  constitutions,   making 
Church  of  England  the  true  church, 
419;    duke  of   Albemarle,   palatine 
420 ;  settlers  at  Albemarle,  420. 
Carolina    North,  Raleigh  sends  colony 
to,  1.  71 ;  results,  74 ;  new ,  olony  75  • 
rejects  new  constitution,  421 ;  travels 
of  George  Fox   in,  421-423;  insur- 
rection and  free  government,  East- 
church  governor  of  Albemarle,  423  • 
Miller  secretary  of  state,  etc.,  424- 
enforces  navigation    acts,  425 ;  Cull 
pepper's   insurrection,  425;  excused 
by  jury  in  England,  426 ;  Seth  Sothel's 
government  and  deposition,  427  •  char- 

427,  428;  progress  of,  ii.  13;  ecclesi! 
astieal  strifes,  14, 15  ;  at  variance  with 
hepropnetaries  15,  16;  population, 
16;  troubles  with  the  Indians,  203- 
20o ;  trouble  with  the  governor,  etc., 
-^;>6;  independent  spirit  of,  341  ;  conl 
ditionof  (1754),  392,  S93 

Spirit  of  (1764),  iii.  92;  the  rc^ni- 
Inters,  232,  233  ;  venal  judiciary,  302, 
^"3  ;  outrages  of  Fanning  and  Tryon 
rfOu-305;  illegal  extortions,  394;  the 
regulators,  395;  Husbands  elected 
representative,  395;  treatment  re- 
ceived,  395,  398;  grievances  of  the 

4ffn  ^m  ":  '?^'  ^^^  '■  '^"'^^'^  «^  Trvon, 
^w),  401 ;  infamous  conduct,  401  402  • 

joms  in  Virj^inia's  course  (1774)  iv' 
IS;  sympathy  with  Boston,  28;  con- 
gross  in,  meets,  decision,  elects  dele- 
gates to  the  continental  congre.'is  36  • 
I  course  pursued  / 1 775),  180  •  =p5rH  -of' 
I      258  ;    convention   at'  IIllisbo'rough| 


i    ■ 

'       1 

1 

P  i! 

i     .1 

■ 

f  ■ 

'li 

1, 

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'11. 


I    I 


490 


INDEX. 


259 ;  steps  taken  in  the  emergency, 
269,  260 ;  Franklin's  plan  discussed, 
not  adopted,  260 ;  provincial  council 
organized,  260 ;  Governor  Martin  of- 
fers to  subdue,  382 ;  regiment  of  High- 
landers formed,  386;  march  toward 
Wilmington,  387 ;  fidelity  to  the  king, 
388 ;  defeated,  great  rising  of  the 
people,  390  ,  instruction  to  the  dele- 
gates, 390. 

_  Independence  first  expressly  sanc- 
tioned  in,  iv.  H91 ;   sends  troops  to 
join  General  Lincoln  (1779),  v.  308; 
oppression  and  outrage  of  the  British' 
370,    374,    S78,    381,   382,  392;  the 
people  roused,  400,  401  ;  loyalists  in, 
join  Cornwallis!,  491  ;  sufferings  in, 
654 ;  laws  as  to  paper  mr.ney,  vi.  173  ; 
state  convention  on  the  federal  con- 
stitution, 460;  meets  in  July  (1788), 
461 ;  divided  by  parties,  461  ;  amend- 
ments proposed  and   decision  post- 
poned, 462. 
Carolina,  South,  first  emigration  to,  i. 
429;  negro  slavery,  429,  431;   gov- 
ernment fi  CO  and  representative,  430, 
431  ;  settlement  on  Ashley  and  Cooper 
rivers,    430,   431 ;    more   emigrants, 
431 ;  dissenters,  etc.,  431 ;  Huguenots, 
432 ;  contest  between  jieople  and  pro- 
prietaries, 434, 435  ;  Colleton  deposed, 
William  and  Mary  proclaimed,  430  ; 
parties  in,  ii.  9, 10  ;  Locke's  "model  " 
doomed,  10;  Archdale,  Quaker  gov- 
ernor, 11,  12;  toleration  to  all  except 
"  papists,"  12 ;  strife  between  dissent- 
era  and  churchmen,  12,  13;  turbulent, 
yet  prosperous,  13 ;  debt  and  paper 
money,  194  ;  success  against  the  Span- 
iards and  French,  194,  195;  troubles 
with  the  Indians,  204  ;  revolution,  215, 
216;  a  royal  province,  216;  trouble 
with  governor,  etc.,  250 ;  independent 
Spirit,  340,  341  ;  meets  northern  colo- 
nics at  Albany  congress  (1751),  368, 
369  ;    condition  of,   392  ;    slavery  in 
(1754),  392;  fiends  troops  for  Forbes's 
expedition,  493;   opposes  Lvttleton, 
514,  518  ;  wishes  to  restrain  tlic  slave- 
trade,   650;   expedition  against   the 
Cherokees,  S'O,  651. 

Strife  with  the  governor  (1763),  iii. 
65;  decides  for  union  (1705),  120, 
121 ;  asks  for  modification  of  the 
navigation  act,  221 ;  venul  judiciary 
302,303;  "regulators'"  proceedings, 
302 ;  sides  with  Massachusetts  (1768), 
324  ;  goverument  meddles  with  the 
judiciary,  408  ;  .Montagu's  threat,  408 ; 
strife  with  the  governor,  432 ;  spirit 
of  (1773),  446,  447;  action  as  to  tea 


ship,  457;    position  of,  iv,   16    ifi. 
sympathy  with  Boston,  16,  28  ;  Elects 
delegates  to  continental  congress  82  • 
proceedings  in  convention,  87  •  CTeat 
meeting  (1776),  106;  spirit  of.  131- 
proceedings  in,    180;     issues  paper 
money,  180;  difficulties  in,  256  266- 
savages  to  be  employed  by  the  Brit' 
ish,   266,    257;    prepares  to  defend 
Charleston  harbor,  267 ;  arrest  of  tho 
governor    proposed,    267;    governor 
dissolves    last    royal    assembly  and 
takes  refuge  in  ship. of- war,  257. 
Campbell  joins  Martin,  elamorin^  for 
ships  and  troops  to  subdue  Carolina 
382  ;  convention  in  February  (1776)' 
893;  urged  on  by  British  oppression 
forms  a  constitution,  394 ;  John  Rut! 
ledge  president,   and  other  officers 
S95 ;  council  and  assembly,  394  395  ' 
Declaration   of    independence   re- 
ceived, V.  5;  new  constitution,  288- 
provisions  of  constitution,  its  adop- 
tion, etc.,  289 ;  proposal  of  neutrality 
defeated,  371 ;  slavery,  413 ;  General 
Greene's  letter  to  the  legislature  vi 
92;    Washington's   advice,   how 're- 
ceived,  92;    noble   spirit  of  (1786) 

^5o'  ^^^^  ^^  ^°  I'-'^P'^''  money,  172,' 
173;   appoints  delegates  to  tho  fed- 


eral convention,  201;  threatens  to' 
secede  on  the  slave-trade  issue,  318- 
attitude  of  assembly,  414;  debates 
on  federal  constitution,  415-418 ;  con- 
vcntion  called,  419 ;  constitution  rati- 
fied, 420;  elects  anti-federalists  to 
congress,  407. 
Caron,  Franciscan  missionary,  iv.  137, 
Carr,  Dabney,  in   Virginia  legislature. 

lii.  430  ;  death  of,  437. 
Carr,  Robert,  royal  commissioner  (1664) 
i.  371,  376.  '" 

Carrington,  Edward,  of  Virginia,  quar- 
termaster with  General  Greene  (1 781), 
V.  489;  in  congress  (1787),  vi.  28l| 
285 ;  on  the  committee  of  seven,  286 ; 
in  favor  of  state  conventions  on  the 
federal  constitution,  373,  374. 
Carroll,  Charles,  of  Carrollton,   Mary- 
land, iv.  71,  252;  in  congress,  signs 
declaration  of  independence,  v.  16 ;  on 
committee  to  visit  Washington,  217. 
Carroll,  Daniel,  of  Maryland,  in  the  fed- 
eral convention,  vi.  332 ;  on  the  com- 
mittee  of  eleven,  834. 
Carteret,  Sir  George,  one  of  tho  proprie- 
taries of  Carolina  (1003),  i.  408;  of 
New  Jersey,  620;  his  heirs  sell  East 
New  Jersey,  551,  678. 
Carteret,  James,  landgrave  in  Carolina, 
i.  430 ;  succeeds  Philip  Carteret,  523. 


'■  i        I'll 


INDEX. 


^'caii^'-;.''"'  °"*  *°  tl^*^  «™^n  in 
Carolina  with  reservation  (1729),  ii. 

Cartier   James,  discovers  and  ascends 
tbe  fet.  Lawrence  river  i   ir. .  »;♦„    * 
Montreal    16;    thirHoyag  ,' ^  ll 
Quebec,  17;   result  unfavorable,'/?; 

Cartwright,  George,  one  of  the  royal  com- 
iZTm  '"  '^^'^^  EnglandV664l  ^ 
^^'nS'f/'/"''"'  "'!'*''=^*<'«  '"depend-  ' 

(m5fiv^T8r'"'-^^^'-«-of 

Carver,  John,  goes  to  England,  i   201  • 
chosen  governor  by  the  Pilgn^s,  207;' 

Cary,  Archibald,  in  Virginia  convention, 

Gary,  Thomas,  in  North  Carolina,  ii.  H- 
Ib,  with  others  sent  to  England   16 

Casco,  1  a  ne,  Indian  ravages  ?n  and 
near,  li  195,  fa  °   m  una 

^m"'i8r«\^l^?'"*' >°  ^"•"e.  «• 

r.J-  '  activity  m  Acadia,  198. 

agaTnst°"bf  T''°°l  "'^y-  ^^P^^'^-n 

Caswell,  Richard  in  North  Carolina,  iv. 
259  head  of  the  minute-mcn  in 
Newbern  388;  with  Moore  deLts 
the  Highlanders,  389,  390;  in  com- 
mnd  of  militia  on  Deep '  river,  v.  I 
o«4;  m  battle  of  Camden.  S87- 
rushes  away  with  Gates,  389. 

So    f JfvffTf'    'i-   ^^'    ^'  Albany,  ' 

369 ;  faithful  to  the  English,  426         i 

Catharine  11.,  empress  of  Russia,  char-  ' 

acter  and  course,  iv.  276,   276;   re-  ' 

t"iSnsl7r27r  *"°P^''^^'•-*  ^ 
toGrrgrilirsIs''  sarcastic  letter 

Catholics    Roman,  in  Maryland,  privi- 

loResof,,.  161,  162;  Jesuit  influence 
f"^'^°"r«e.  166-167 ;  "papists,"  f",. 
m  Maryland,  172;  how  treated  173^ 
position  of,  in  Ireland,  iii.  2i-2.s' 
trials  and  sufferings  of.  23-07.  no' 
^•tionof,  in  Canada  (l'774),lv'87: 

t'otl''''^^''^'^'  «^'  81  ;  ivertures' 
to  from  congress,  81,  82 ;  number  in 

fftSnt^rii  ''"^  -™^-^  ^--^ 

Cavendish,  Lord  John,  pronounces  Brit, 
am  disgraced  by  fairing  German  mer-  i 

VOL.  VI.--33 


491 


tion  to  discontinue  In^Sil'  C^S" 
'YiS.^t"^'--^^^^'^-'S 

''t™HS!"'^"^'''^^^"0'--"ey. 

Chabot,  admiral  of  France,  i.  15 
Chad's  Ford,  v.  176,  177 
Clmmbly,  Fort,  taken,  iv.  296. 
tliamplam,  Lake,  New  York    crosspH 
by  Ethan  Allen(1776),iv.  182;  cruTse 

I'U     f'^  Z'  ^^^i  ^°^'«  gan'isoned! 

IIM;  Arnold's  and  Carlelon's  strife 

for  mastery  on,  V.  69. 
Champlain  Samuel  expedition  to  Cana- 
aa,  1.   18;  builds  a  fort  on  site  at 
Quebec,  18;  explorations  and  advent 
ures,  20  21 ;  "father  of  New  F™nee  » 
Fa'nce    Sl:«'''-^''.^^™«^«fNe'w 
„    4  T  '  "•   l*^^!    invites  Franciscan 
and  Jesuit  missionaries  into  crada"; 
Chano^llor,  Richard,  reaches  Archangel, 

Charles  L,  king  of  England,  i.  135 . 
treatment  of  Virginia,  135,  136:  roval 
"monopoly  of  tobacco  136 ;  triil  and 
expon  of,  333;  effects' pried' 

''''tS'i'3:i4'^"f^'^-"'"»d.'-<^^«t'^'a- 
non,  I.  344 ;  character  of,  344   345  • 

favors  Rhode  Island,  362-364  ■  lav' 

>sh  grants   of    territory,   366  's66 

course  as  to  Massachusetts,  380-381-' 

fan?to  J.^'''"'^^{  ''  '^'^^  ^^^S: 
iand  to  James,  duke  of  York    618- 

ri,„  1  '  '^^?' ^^'i;  death  of,  695. 

Charles  IIL,  king  of  Spain,  v  136- 
,  -uch  d  slikes  colomal  Lle'pendence; 
I      ifb    260;  not   ready  for  war  with 

i      ,^tates,   138;    desire  and   policy  of, 

:  Charles  Augustus  of  Saxe-Wcimar,  and 
I      his  ministers,  v.  234  ' 

I  C^'ji^^lf ston.  South  Carolina,  founded  i 
,      430;  attacked  by  the  Fre'nch,iilk; 

tiJin  .'T-  398-408;  in  danger 
f  om  the  British,  V.  369;  besieged  by 
Clmton  (1780),  376;  Lincoln  c'apiti 
late  .severe  terms,  377;  spoils  taken, 
rf78,  effect  produced,  379;  British 
retreat  to  (1781),  604     stat^  conven 

rvi"Vl'9:?20"^'""*'^"*'«'^-^'« 

^•""^''o^r'  *f^^«aehusetts,  founded,  i. 
—'],  -^;  ;  settlement  at,  237:  orcani- 
nation   of   a   church,   238  ; '  sSd 


ir*wi— 


[I 


,s 


|i 


.Fi'! 


%    '      '■[ 


m 


492 


INDEX. 


conduct  of  people,  Hi.  450;  bunicd 
on  day  of  Bunker  Hill  battle,  iv.  224. 

Charlevoix,  the  traveller,  ii.  223,  231. 

Charlotte,  North  Carolina,  v.  396  ;  Corn- 
wallis  retreats  from,  401 ;  General 
Greene  arrives  in,  478 ;  country  round 
ravaged  by  the  British,  479. 

Charter,  first  colonial  English,  i.  85, 
86 ;  second  for  Virginia,  99 ;  third, 
104,  105  (see  Virginia) ;  charter  of 
Maryland  (see  Maryland) ;  second 
Plymouth  Company's,  9-;„;  uhartor 
revoked,  275;  Massachu^ot. :.;  larter, 
224  (see  Massachusetts);  ..;I'f.J|o  Isl- 
and  charter,  296 ;  Connecticut  char- 
ter, 858 ;  in  danger,  ii.  48  (see  Con- 
necticut) ;  Carolina  charter,  i.  408 , 
second,  412  (see  Carolina) ;  New 
Notherland  charter,  430;  Pennsyl- 
vania charter,  552,  553 ;  New  York 
franchise,  etc.,  582  (see  New  York). 

Chase,  Samuel,  active  in  Maryland  af- 
fairs, iv.  252,  233  ;  on  the  articles  of 
confederation,  v.  12,  13  ;  opposes  the 
federal  constitution  in  Maryland  con- 
vention, vi.  412. 

Chase,  Thomas,  a  "  Son  of  Liberty,"  in 
Boston  (1705),  iii.  135;  refuses  oath 
as  juror,  iv.  53. 

Chastellux,  iv.  369 ;  Washington's  af- 
fection for,  vi.  22,  23. 

Chatham,  earl  of  (William  Pitt),  in 
house  of  lords,  iii.  226  ;  regret  of  the 
people,  226,  227 ;  plans  league  against 
the  Bourbons,  228 ;  infirmities  of 
age,  223,  229 ;  last  time  in  house  of 
lords,  287  ;  dismisses  Townshcnd, 
244 ;  withdraws,  244 ;  visited  by 
Grafton,  255  ;  throws  up  office,  315  ; 
advice  to  the  aristocracy,  363  ;  speaks 
again  in  the  house  of  lords,  365,  366 ; 
on  the  revenue  act,  S80,  381 ;  anxious 
as  to  American  affairs,  43S  ;  position 
of  (1774),  iv.  98 ;  interview  with 
Franklin,  98,  99;  differs  with  Rock- 
ingham, 99 ;  speech  on  removing 
troops  from  Boston,  etc.,  101-104 ; 
praises  Americans  and  congress,  102, 
103 ;  the  last  hope  to  prevent  civil 
war,  115;  plan  for  reconciliation, 
115,  116;  praises  Franklin,  116; 
plan  rejected,  116,  117;  stern  words 
of,  116,  117;  still  the  hope  of  good 
men,  286 ;  favors  "  Common  Sense," 
812  ;  on  pcaoo  with  the  United  States, 
(1777),  V.  144 ;  denounces  using  red 
men  against  Americans,  159 ;  totally 
opposed  to  continuing  the  war  (1778), 
224  ;  opposed  to  the  independence  of 
the  United  States,  253;  last  great 
speech   against    "dismembering  the 


monarchy,"  253,  284 ;  takes  to  his 
bed  and  dies  (May  1778),  264 ;  pecu- 
liarity  of  his  career,  254,  255, 

Chatimont,  missionary  to  the  Senccas  ii 
147,  148.  '    ' 

Chauvin  and  Pontgrav6,  monopoly  of 
fur-trade,  i.  18. 

Chcesman,  Edmund,  executed  in  Vir- 
ginia,  i.  467. 

Cherokees,  ii.  95;  treaty  with,  216; 
meet  Oglethorpe,  284 ;  faithful  to  the 
English,  425;  badly  treated  by  Lyt- 
telton,  514-617;  in  council,  616; 
attacked  by  the  English,  619;  cause 
Montgomery  and  force  to  retreat,  520, 
521 ;  kill  the  fugitives.  621 ;  expedi! 
tion  against,  650,  651 ;  peace  by 
mutual  concessions,  65 1 ;  negotiate 
boundary  with  Stuart,  iii.  320,  321  • 
another  treaty  (1770),  392;  sought  by 
Gage  against  Americans,  iv.  59 ;  com- 
niit  murders,  84 ;  number  of  warriors 
(1775),  181;  urged  to  take  up  the 
hatchet,  257;  engage  in  warfare 
against  the  Americans,  v.  62,  63 ;  re- 
sult, 63,  64 ;  with  other  Indians,  routed 
by  the  Americans,  814;  ravages  in 
South  Carolina,  396,  396 ;  promise  the 
British  to  ravage  the  country,  403. 

Cherry  Valley,  New  York,  attacked,  and 
murders  committed  by  Indians  and 
tories,  v.  288. 

Chesapeake  bay,  discovered  by  the  Span- 
iards, i.  50;  called  the  "JSay  of  St. 
Mary,"  50,  51 ;  explored  by  John 
Smith,  94,  95  ;  and  by  Clayborne,  164. 

Clicsterfield,  lord,  foretells  revolution, 
ii.  376. 

Chew's  House,  Pennsylvania,  v.  192; 
Musgrave  and  British  troops  in,  194. 

Cheyenne  Indians,  ii.  90 ;  of  the  Algon- 
kin  family,  90, 

Chicago,  visited  by  Marquette  (1675),  ii. 
159. 

Chicasas,  ii.  97  ;  fierce  warriors,  234 ;  at 
war  with  the  French,  235,  236 ;  ever 
friends  with  Oglethorpe,  291, 

Cliichcley,  Sir  Henry,  in  Virginia,  i.  457, 
458. 

Cbickahominy  river,  ascended  by  Jqhn 
Smith,  i,  93. 

Chiegnccto  (Fort  Lawrence),  town  in 
Acadia,  expedition  against,  ii.  858, 
860. 

Child,  Sir  Joshua,  on  trade  of  Massachu- 
setts, i.  382. 

Childe,  Robert,  in  Massachusetts,  i.  806, 
307. 

Chiswell's  lead-mine  in  Carolina,  iii.  321. 

Choctas,  ii.  98;  with  Bienville,  286; 
meet    Oglethorpe,    284;    sought   by 


^  ti- 


\    .iii 


INDEX. 


cended  by  Jqhn 


do  of  Massachu- 
ichusetts,  i.  808, 
Carolina,  Hi.  321. 


Gago  against  AmeHcans,  iv.  59;  num. 
join  the  Cherokees  against  tlie  whites, 

V.  04.  ' 

Choiseul  Dc,  Etienne  P.,  statesmanlilcc 
v.ews(1704)  iii.  75;  foresees  reJolu! 
tion  .,.  America,  152;  on  the  progress 
of  tiie  American  colonies,  and  proba- 

ble  results,  227,228;  se^dsagEnfon 
inspection  of  America,  247;  policy  of" 

frin  off'-       i  '"q«'S'tive  as  to  Amer! 
lean  affairs,  8<jo ;  watchful.  325-  ob 

3' qT.*,°^  ^""^^''^  •^''"'•^^  '-^  ^™°"i 
sSi/n'  °°  *„''«P"Wic  in  America 
sjy,  J40;  on  Russian  ambition,  342 
843;  dismissed  and  exiled  (1770) 
397;  the  cause  of  this,  his  national 
spirit  and  character,  397,  393 
Chowan  river,  North  Carolina,"  i.  410, 

Christaenscn,  Ilondrik,  i  489 
Christlson  W.,  a  brave  Quaker,  i.  815. 
Church,    Benjamin,    partisan    warrior 
against  the  Indians  (167(5),  i.  393. 

rVl  •       ;    ]•'   '''*"^'''  *o  General 
gige,  IV.  07 ;  director  of  the  hospital. 

Church  of  England  prevails  in  Virginia 
1.  112  443,  447;  position  in  STjl 
land    158;    parties  in,  180,  187-  in 

(1686),  585  ;  m  South  Carolina,  ii.  12  • 
in  North  Carolina,  14  ;  established  in 
Virginia  and  Maryland,  18,  21 ;  in 
New  York,  39  ;  church  livings  in  Vir- 
fKK^\lt^ '  <?isestablished  in  Virginia, 
165,  156.     See  Episcopal  Church. 

Cibola,  Land  of  Buffaloes,  and  its  seven 
cities,  1.  31 ;  search  for,  31-34 

Cilley.  Colonel,  of  New  Hampshire,  ac- 
tivity of,  iv.  169;  troops  under,  v. 
lo4. 

Cincinnati,  Society  of  the,  formed  (1783), 

Citizenship  of  state.  See  State  Citizen- 
ship. 

'^'l"2!''293.*^'  ^"''°^  ^"'''''  ^-  2'^0; 

Civil  list  American,  refused  by  Gren- 
ville,  iii.  68.  •' 

^'r'^fio"?, Jf "'-  f """'^  *«  ^'lO'Je  Island, 

<i70  l^i  J^«  '''■ "  *"..  Massachusetts 
870,  371,  376;  in  exile,  380;  one  of 
the  propnetaries  of  Carolina,  408  • 
prime  minister  of  England,  590,  591 ' 
Clarendon  colony,    North   Carolina,   i 

Clark  George  R.,  goes  to  the  legislature 
of  Virginia  (177G),  v.  309;  leads  ex- 


498 


peditlon  against  British  and  Indians 

on  thellhnoisand  Wabash,  810-  diffl. 

culties  and  trials  (1779),  813  ;  attacks 

and  captures  Hamilton  at  Vincennes, 

3  3,  314  ;  establishes  Fort  Jefferson. 

^16 ;   thanked  by  the  legislature  of 

Virginia,  316. 
Clark,  Joiin,  plants   near  Roger  Will- 

lams,  i.  202;  agent  of  the  colony  in 

England,  862,  864. 
Clark,  Jonas,  minister  at  Lexington,  iv 

154. 

Clarke,  lieutenant-governor  of  New  Jer- 
8ey(17S6),  ii.  256. 

Clarke,  Richard,  and  tho  Boston  tea 
party,  lii.  448. 

Clarke  Walter,  governor  of  Rhode  Isl- 
and  (1686 j,  i.  587. 

Clayborne,  William,  secretary  of  Vir- 
gmia,  i.  135;  superseded,  137;  ac 
tive  and  enterprising,  154;  explores 
Chesapeake  bay,  154;   occupies  Isle 

?L    ?>  ^^^'  '■^^'"^^  ^'^^'^  Baltimore, 
162,   163;    attainted,    163;     asserts 
claim  to  Kent  Island,  166;  goes  into 
Maryland,  171. 
Cicaveland,  Colonel  B.,  at  King's  Mount- 
am,  South  Carolina,  v.  397,  399 
/'Ji°."„\^':°''S°'  governor  of  New  York. 
1748)    ,1.  333;    plan  for  governing 
the  colonies,  33,?,  334;  advises  coer- 
cion, 337, 338 ;  threatens  the  colonies 
with  the  power  of  parliament,  339, 
.540 ;  urges  stringent  measures,  355  • 
the  assembly  refuses  to  aid  him  in 
regard  to  Indian  alliances,  362-  re- 
moved,   375;     impeached    by    New 
York,  410. 
Clinton,  George  (1775),  delegate  to  con- 
gress, IV.,  190;  in  skirmish  with  Brit- 
ish  troops,  V.  40  ;    at  Hackensack, 
108 ;  commander  of  forts  in  the  High- 
lands, on  the  Hudson,  185,    -86-  on 
treating  for  peace,  256 ;  on  Washing- 
ton 8  advice,  vi.  93 ;  refuses  the  dc- 
mand  of  concrress,  193;   pronounces 
against  the  lederal  convention,  269 ; 
as   governor  and  president  of  New 
1  ork  state  convention,  opposes  adop- 
tion of  federal  constitution,  455,  456  • 
reply  to  Hamilton,  457,  458 ;  opposed 
by  Hamilton,  467;  re-elected  gover- 
nor  of  New  York,  467. 
Clinton,    Henry,   major-general,    with 
Howe,   iv.    129;    arrives   in  Boston, 
Ih^'  in  New  York  harbor  (January 
1776),  384;   sails  awav,  385;    stops 
to   sec  Dunmore  in  Virginia,   886; 
instructed    to   suppress  and  destroy 
rebellion,    897;    nroclamfttion     squ- 
landa  troops  on  Long  Island,  near 


r  ii 


.^^  > 


404 


INDEX. 


^'  jfjii 


T 


.t^  1 


M 


f      " 


i  i| 


^!! 


Charloston,  South  Carolina,  400,401 ; 
finds  that  lio  oun  do  uotldnji,  405 ; 
iM'iniiiiiitiuu  and    rucrhninution   with 
ViiiktM",  401) ;   airivcs  in  New  Yorlc 
with  troops,  v.  '27  ;  Ii'ft  in  New  Yorii 
by  Howe,  176;  deliideH  riitniini,  185; 
roturns  to  Now  Yorit,  180;  Hiiececds 
Ilowo  in  coniuiand,  270,  271  ;  orders 
reeoivcd  as  to  cttiiipiiij^n,  272;  evocii- 
ntes   Piiilndclpliia,  'J.1',\ ;  at  the  b.ittiu 
of  Momnoiitli,  270,  277 ;  retreats  to 
New  York,  277  ;  requires  more  troops, 
282 ;    Roes  to  Hliodo    Isituul,  unsue- 
ci'ssful,   280 ;    renionstrutes    against 
weakening    his    ficco,    290 ;     sends 
ti'oops  a;;ainst  (ieor;;ia  and  for  West 
Indian   servieo,    205 ;    raises  a  regi- 
ment  of   Irisli    in   New    York,  206 ; 
oonduets  expedition  up  the  Hudson, 
829 ;  resolves  on  a  eanipaij^n  at  the 
South,    375 ;   Hcnds  out  exi)oditions, 
878,  879  ;  proclamation,  879  ;  in  New 
Jersey,  425;   fits  out  an  expedition 
against  lUiode   Island,  420;    failure 
of,   420;  rojiort  on   proseeutinR  the 
war  in  the  irnited  States,  420,  427; 
uses  fraud  ami  corruption,  takes  Ar- 
nold into  pay  as  spy  and  traitor,  427  ; 
etTorta  to  save  Anth'i'",  485-488  ;  hu- 
miliating position,  487;  disapproves 
comse  of  Cornwallia,  407  ;  sends  Ar- 
nold to  the  Chesapeake,   005;    also 
against    New    London,   Connecticut, 
607 ;    sends   for  troojjs   from  Corn- 
wallis,  610,  611;  self-delusion,  615, 
610 ;  reports  surrender  of  Cornwallis, 
623,   624;    superseded   by   Carleton, 
656. 
Clinton,  James,  at  Fort    Montgomery, 

on  the  Hudson,  v.  185. 
Clynicr,   George,   of    Thiladelphia,    iii.  I 
458;   in   the  federal  convention,  vi. 
820-355.  j 

Cochcco,  Indians  at,  ii.  178.  I 

Coddington,  William,  from  Iloston,  Eng- 
land, i.  287;  plants  near  Roger  Will- 
iams, 202;   put  in  onJce,   297;  dis- 
possessed, 298. 
Coffin,  Nathan,  an  impressed  sailor,  v. 

139. 
Coke,  Sir  Edward,  i.  241. 
Colbert,  J.  15.,  favors  La  Salle,  ii.  100- 

1G2. 
Colbimi,  Colonel  A.,  of  New  Hampshire, 

death  in  battle,  v.  184. 
Colden,  Cadwalndcr,  plan  for  governing 
the  colonies,  ii.  338,  334 ;  advises  ta.x- 
ation  by  parliament,  350;  letter  to 
Halifax,  352,  353  ;  on  parliamentary 
taxing,  382;  on  perpetual  colonial 
revenue,  628,  620;  on  fixed  salaries. 


6.V2;  advises  onuexing  Vermont  to 
New  York,  iii.  66  ;  us  to  the  lawyers 
98;  course  of  (1706),  148;  8uL„,it^ 
to  the  people,  101,  102;  Now  Vork 
assembly  rejects  his  claims,  221  222  ■ 
advice  to  New  York  assembly  (177f,\' 
iv.  109.  '  V'Mo;, 

Coligny,  Admiral  of  Traneo.  sends  Hi. 
bault  to  plant  colony  in  Florida  i.  61  • 
second  attempt,  52, 68.  '         ' 

('oUeton,  James,  deposed  by  the  people 
in  SouUi   Coroliiui,  and   banished,  i. 

Collier,  Sir  George,  v.  380;  at  Castinc 

Maine,  838,  884.  ' 

Colonial  assemblies  of  Virginia  i.  112 

Sec  Virginia. 
Colonial  system  of  Europe,  ii.  80. 
t\)lonies,  the  old  thirteen.   See  America. 
Colonies,   American,   reconstructed    oii 
the  princii)les  of  the  English  revolu- 
tion, ii.  9.     See  America. 
I  Colorado   river,  discovered  by  Alarcon 

i.  82. 
!  Columbus,   Christopher,   discovers    the 
[      New  World,  i.  7 ;  second   and  third 
!    ^  voyage  of,  1 1 ;  death  of,  21. 
Colville,  Admiral,  in  command  on  North 

American  coast  (1703),  iii.  01. 
Commerce,  and  commercial  classes,  pow- 
er of,  ii.  0,  7. 
"Common  Sense,"  by  Thomas  Paine, 
argument  in  favor  of  declaration  of 
indei)endence  and  forming  American 
governments  (January  1770),  iv.  313- 
315. 
Commons,  house  of,  subordinate  to  the 
lords,  ii.  409;  rcsolvo  as  to  colonial 
rights,  401. 
Conant,  Roger,  at  Cupc  Ann,  Massachu- 
setts, i.  222. 
"  Concessions  "  of  the  Quakers,  i.  547. 
"  Conclusions,"  as  set  forth  by  the  Puri- 

tans,  i.  230. 
Concord,  Massachusetts,  founded,  i.  257, 
258;   convention  in  (1774),  iv.   54; 
news  reaches,  of  expedition  against,  i. 
163;  people  rally,  157,  158;  British 
enter,  158;  destroy  stores,  etc.,  159; 
first  martyrs,  161 ;  loss  in  killed  and 
wounded,    10.5,    106;    instruction  to 
delegates  as  to  independence,  428. 
Confederation  of  the  New  England  colo- 
nies.    See  New  England. 
Confederation  of  all  the  colonics  pro- 
posed, ii.  303. 
Confederation,    plan    of,    in    congress 
(1770),  v.  10;  difficulties  in  arrang- 
ing,  10,  11  ;   discussion   and   result, 
12-16,  49;  articles  adopted  (Novem- 
ber   1777),  19 J  ;  citizenship  of  the 


INDEX. 


Villi,  Massachu- 


Unito.1  States,  500;  tntor-cltizcnHbip, 
-SOI  ;  iiitJopomlencoof  cacliHtatc.  '201  • 
veto  l.y  Ht|it(«.,  201  ;  when  two  tliinlH 
vote  n.(,uiro<l,  202 ;  cngri-ss  not  to 
cvy  taxes,  202;  diHtribution  of  quo- 
aH  202,  20:»;  property  in  Hlave«  not 

.,?,i'°    ''\''*''  -'•'■' '  I"'^'"«  '>«'"•"",  2<>--t, 
2fl4  ;  j.MilouH  of  tho  army,  204  •  fop! 

ciRn    rolalionfl,   201 ;  ,,owcrH  of  tl,c 

sntcM,    204;    com.nittoo    of    Hf„toH, 

205;  mode  of  amending,  205-   free 

inliabitantM,  freo  oitizcnH,  20rt  '  207  • 

ri^l.tM  of  n,an    207;  danROM  in  tl.c 

way,  2(.8  ;  tendency  to  diHsoIution,  vi. 

124;  newarliojos  added  (1780)   Hd 

ConRreKationallMin,  or  independency,  es! 

tabliHiied    in    MassachurtettH,    1.    22H 

238,  308,  300;   intolerant  Hpirit  of,' 

Oonsrci^s,  at  Albany,     f^co  Albany. 
ConRroHf.,  at  Alexardria.    Soo  Aloxan- 
(Iria. 

^'TAr^r'-^T'''""'  ''"f?ft''"tcd  by  OtiH 
n<.n),n..    13;  pinn  for,  prevails  in 

lennHylvan.a  etc.,  14«,  147;  opening 
>n   New   \ork,   149,    150;   members 
and  pnnciplo  of  union,  150,  ini  •  ,l(.. 
'kI"""  ""  •ibcrty  and  freedom  of  tnulc, 
103,    154  ;  memorials  ami   petitions 
toparhament,  154, 155  ;  „nion  formed 
l)y  flio  delegatea,   150 ;  the  clonicH 
adhere  to  congress  and  plan  a  per- 
manent union,  162,  103;  petition  not 
received  by  house  of  commons,  ISO 
tongress,  first  continental  (1774),  dele- 
gates to,  from  Massachusetts,  iv  23  • 
Itliodc  Island  and  Maryland  choose 
delegates,  24  ;  New  York,  31 ;  South 
Larolinn,  32 ;  Pennsylvania,  New  Jer- 
sey, N(.w  Hampshire,  33  ;  North  Caro- 
lina 36  ;  meets  in  I'liiladelphia,  Hep- 
tembcr  5th,  with  members  from  eleven 
colonies,  61 ;  method  of  votin"   62  ■ 
Henry's  speech,  62,  63 ;  vote  by'eolo' 

^T\k'  ^'* ',  ^'"^y''''  •'^*  **^o  opening, 
«»,  05 ;  twelve  colonies  represented 
66 ;  approve  tho  Suffolk  resolutions! 
66  ;  list  of  grievances,  68  ;  svmpathy 
with  HosKm,  71 ;  resistance  of  Massa- 
chusctts  approved,  72  ;  declaration  of 
rights,   condemning   eleven    acts   of 
parliament,  73  ;  threat  to  stop  Brit- 
ish imports  and  exports,  73,  74  ;  slave- 
trade  to  be  abolished,  74  ;  address  to 
the  people  of  Great  Britain,  etc.,  74 
7.. ;  petition  to  tho  king,  75,  76 ;  in! 
dependence   not  yet  determined   on, 
'<i;  courts   tho   Canadians,  81,  82- 

T  1  J^"."  '"^'^^'^c''  'ts  petition,  90;' 
liord  Chatham  eulogizes  tho  wisdom 
of  congress,  103. 


495 


Congress,     second     continental     (May 
776),   iv.  190;  difllculties  before  it 
90,    191  ;    delegate    from    (Jeorgia. 
192;  instructs  New  York,  192-  dis' 
cuHsc.i  state  of  the  union,  192  •    ap- 
proves  Jay's  motion,  193;  John 'Han- 
cock president,  200 ;  orders  defences 
'200;  address  to  tho  (!anadians,  200- 
Lord  North's  offer,  200,  201 ;  reject! 
ed,  202,  203 ;  asked  to  take  charge  of 
the    continental    army,    203;     John 
Adams  nominates  Washington  com- 
mandcr-in-chicf,  204  ;  borrows  money 
204  ;  gives  advice  to  Massachusetts', 
204 ;   appoints  a  fast-day,  205 ;  mis- 
OK     "J    "'"'^'"K  "•'oi't  enlistments, 
2<'5;    elects  Washington  general   of 
the  army,  205 ;  inelHclent  as  a  gov- 
ernment,  211;  pledges  made  to  Wash- 
mgtrm,  212;    elects  four  major-gen- 
erals,  232 ;  eight  brigadiers,  234,  236  : 
issues  bills  of  credit,  237  ;  authorizes 
invasion  of  Canada,  237 ;  reasons  for 
taking  up  arms,  287;  second  petition 
to  the  king,  238 ;  addresses  to  people 
of  Great  Britain  and  of  London,  238 ; 
Washington's  report,  248 ;  Schuyler's 
report  as  to  Canada,  243 ;  Franklin's 
plan  of  confe.leracy,  '248,  244 ;  apathy 
as  to  colonial  governments,  246 ;  an- 
swer  to  Lord  North's  offer,  '246  246- 
post-omco    and    hospital    organized! 
-^4*);    paper  money,  how  to   be  re- 
deemed.   246;    refuses   to  open  tho 
ports,  and  adjourns  August  1st,  246 
.    Meets  again  in  September  (1775) 
IV.  261;    undecided,  261;    Gadsden 
defends  New  England,  and  Hutledgo 
moves  exclusion  of  negroes  from  the 
army,  261,  202;  in  doubt  and  uncer- 
tninty  what  to  attempt  or  do,  264- 
the  king's  proclamation  destroys  last 
hope    of    reconciliation,    272,    273- 
recommends  governments  to  the  coIo! 
nics,  273 ;  majority  in  favor  of  indc- 
pendencc,  but  no  hasty  action  taken 
274  ;  action  as  to  the  navy,  etc.,  274  ; 
orders  garrisoning  forts  on  the  Hud- 
son,  311 ;  Wilson  moves  to  set  forth 
reasons  for  independence,  316 ;  course 
ns  to  enlisting  free  negroes,  322,  323  • 
IS  anxious  to  attack  Boston,  323-  re! 
proved   by  Washington,  324;  votes 
thanks  and  medal  to  Washington,  83 1  • 
discusses     enfranchising     American 
commerce,  335 ;  claims  right  to  con- 
tract alliances,  336  ;  on  enlistments, 
etc.,  336  ;  choo-aos  six  brigadiers,  336  ■ 
issues  four  million  dollars  in  bills^ 
337  ;  c;.mmittco  of  ways  and  moans 
appointed,  but  do  nothing,  337;  com- 


;,■  'i  ' 

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1    T 
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f 

■ 

w 

'X 

J 

496 


INDEX. 


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i    i ' 


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I         f 


l.i 


m  :f'^ 


frj  ifini 


t:     ,'    I 


(II 


!  I 

1 1  f 


1J'  !  [ 


inn  I 


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niissioniTs  to  Caimda,  337 ;  niithori/.es 
prlvatfors,  :t!i7;  cliiirgoH  on  tho  kin-,' 
their  t'liovancos,  8;t7,  .'tJtH ;  forbiils 
importation  of  slaveH,  ii.  '27«l,  \v,  .'{as ; 
OiieiiH  i>ort.s  to  uil  tlio  world,  a;j» ; 
Home  wisii  to  wait  for  iilliuneo  witii 
France,  310;  Jolin  Aiiam.s'8  motion 
and  pnaniblo,  3(2,  313;  committee 
report  tiiat  autliority  of  tlie  erowu  l)e 
Bui)prcHsed,  3-13 ;  Hccrct  committee 
for  foreign  correspondence  ai)pointed, 
Franklin,  Harrison,  and  otliera,  on  it, 
802;  orders  four  battalions  to  Oana- 
da,  370,  377;  tlien  six  more,  without 
consulting  Washington,  377 ;  very 
unwiso  action,  377,  378;  son  Is  a 
connnission  to  Canada,  378 ;  zeal  of, 
881);  puts  Charles  Lee  in  connnand 
of  troops  in  the  South,  385 ;  thanks 
the  defenders  of  (Miarleston,  411. 

Independence   fornuilly   and    fidly 
proposed  by  li.  II.  Lee  (June  177t)), 
423;  animated  debate,  423,  424  ;  eom- 
Diittee  ai)i)ointed  to  prepare  declara- 
tion of  iudependenec,  425;  names  of 
tho  connnittee,  JelTerson  at  tho  head, 
425 ;  connnittee  to  digest  form  of  con- 
federation, one  from  each  colony,  425  ; 
plan  of  treaties  with  foreign  i)owers, 
425 ;  law  of  treason  and  state  citi- 
zenship, 425;  members  (July  1770), 
436;  every  colony  represented,  430  ; 
voices  of  the  colonies,  430 ;  Washing- 
ton's  letter,  430,  437 ;  committee  of 
the   whole,   437 ;   speeches  of  John 
Adams  and  Dickinson,  437-439 ;  other 
speeches,  440;  Washington's  letter  on 
Howe's  arrival  at  Sandy  Hook,  441  ; 
vote,  nine  in  favor  of  the  declaration, 
441 ;  next  day  (July  2d)  no  dissenting 
vote  against  independence,  441 ;  the 
declaration    reported   and   criticised, 
445,  446;  declaration  in  full,  440- 
450. 

Sends  declaration  of  independence 
to  Howe,  V.  8;  on  Howe's  circular 
letter,  8 ;  articles  of  confederation  dis- 
cnsaod,  11,  12;  differences  of  views, 
distrust,  fear,  12-15  ;  receives  Howe's 
message,  40 ;  debate,  4 1 ;  sends  a 
committee  to  meet  Howe,  43  ;  plan  of 
treaty  with  France,  49,  50;  appoints 
connnissioners,  50 ;  plan  for  enlisting 
troops,  51,  52;  course  pursued,  8l'; 
votes  to  go  to  I?altimoro,  8S,  89 ;  its 
entreaties,  91,  92  ;  powers  to  Wash- 
ington, 91  ;  authorizes  borrowing 
money  in  France,  101 ;  talks  of  a  lot- 
tery, etc.,  and  issues  paper  money, 
143 ;  appoints  major-generals  and 
brigadiers,  148  ;  General  Greene  pres- 


ent to  explain  needs,  148,  140;  celo- 
brotca  first  anniversary  of  iudcpend- 
cnee,  154,  155;  culls  out  the  militia 
175 ;  llees  to  Lancaster,  rcnnsylvuuiu' 
IHO;  fails  in  duty,  197;  adopts  arti-' 
cles    of   confederation  at  Yorktown 
199-208;  on  winter  campaign,  212- 
neglects  the  army,  214  ;  thin  attend- 
ance,   issues  paper   money,  218;  on 
defaulters,  219 ;  resolve  as  to  treating 
for   peace,   25(5 ;  rutiUes    treaties  of 
eonnnerci)  and  alliance  with  France 
2()8-209;   address  to  tho    peojjle  of 
tho   United  States,  209  ;   answer  to 
conciliatory  propositions,  271 ;  answer 
to  English  connnissioners,  273;  meets 
in  Philadelphia,  283  ;  articles  of  con- 
federation signed  by  eight  states,  283  • 
circular  letter  to  the  other  live  states* 
283,  284 ;  result,  284 ;  issues  more  pa-' 
per  money,  290  ;  financial  schemes,  ill 
succesB,  290-294  ;  address  to  the  peo- 
ple, 292 ;  scheme  to  emancipate  Uiina- 
da,  290 ;  discusses  plans,  etc.,  as  to 
French  and  Spanish  alliances,  320- 
325;  eommitteo  on  terms  of  jieaco 
322  ;  yields  on  the  fisheries,  325 ;  Joha 
Adams  appointed  to  go  abroad  us  min- 
ister, 320,  327  ;  fresh  issue  of  paper 
money,  439,  440  ;  depreciation,  440 ; 
efforts  to  borrow  money  abroad,  410; 
hel|)le8s,  fall  back  on  the  states,  442  • 
efforts  for  reform  and  revenue,  450. 

Sends  liaurens  to  Franco  to  be" 
help,  v.  452;  asks  for  power  to  rpgij! 
late  commerce,  463 ;  as  to  the  Missis- 
sippi river,  453,  454 ;  powers  under 
the  confederation,  464,  455;  yields 
to  France  its  instructions  for  peace, 
472,  473 ;  peace   commissioners  ap- 
pointed, 473;  ultimatum,  474;  thanks 
to  .Morgan  at  Cowpens,  485 ;  puts  K. 
Morris  at  head  of  finance  department, 
and  R.  R.  Livingston  over  foreign  af- 
fairs,  508;   receives  joyful  news  of 
surrender  of  Cornwallis,  523 ;  discus- 
sion as  to  terms  of  negotiating  peace, 
520,   627;    charters  national   bank, 
656,  657;  great  seal  adopted,  561; 
report   of    committee  on   increasing 
powers  of  congress,  vi.  19 ;  report  of 
committee  of  three  (1781),  22,  23; 
establishes  depaitments,  25  ;  charters 
bank,  27 ;  asks  for  power  to  regulate 
eommerco,  27 ;  answers  of  the  states, 
28;    exercises   judicial    powers,   84; 
party  names  and  disputes,  84,  35. 
Congress,  third,  appeal  of  the  array  to 
congress  (January  1783),  vi.  59,  60; 
grand  committee  meets  deputies  from 
the  army,  61;  course  adopted,  62; 


imey,  218;  on 


INDEX. 


497 


debate  on  revenue,  63,  64 ;  rcaclios 
no  conclusion,  68,  CO;  votes  pay  to 
tl.o  army,   70 ;   pmcluniation  of  tliu 
war  being  at  an  end,  77;  appeal  to 
the  HtatcB,  80 ;  eomniittee  on  a  Koner- 
ul  convention,  80;  adjourns  to  Prince- 
ton, New  Jerney,  07  ;  votes  statue  to 
Washington,  102;  receives  the  Dutch 
envoy,  lo4;  closing  acts,  KM,  105. 
Congress    fourth,  in  Philaddphi,.,   r<.. 
cclvcs  Wanhington's  surrender  of  his 
commission,  vi.    107,  108;     declines 
to  lead  the  way  for  the  "  Boverei"n " 
states  (1784),  111;  Jefferson's  service 
toward  the  union,  11a,  ll;j ;  votes  the 
United  btatcs  to  bo  "  one  nation,"  113 
Congress,  fifth,  meets  at  Trenton,  New 
Jersey,  vi.  )  24,  129  ;  11.  II.  Leo  elected 
president,  120 ;  adjourns  to  New  York 
(1786),  l.'JO;  discusses  afTairs  of  the 
West,   13a;    antislavcry   clause    lo- 
ylvcd,  133;  reported  m  by  commit- 
tee   but  no  action,   133,   134;    land 
ordinance  as  established,   134    135- 
question  as  to  power  to  levy  arni(«d 
men,  135  ;  urged  to  provide  remedies 
for  distress  in  trade,  etc.,  137,  138; 
Monroes  movement  and  report,  142 
M!i ;  dimcultics  and  delays,  143,'  l-M ! 
objections  to  navigotion  act,  etc.*,  144* 
145  ;  offers  no  hope  of  new  constitu- 
tion, 163. 
Congress,  sixth  (1 780),  tardy  attendance, 
VI.    185,   180;    motion    to    increa.'^e 
strength  of  the  confederacy,  and  re- 
port of  committee  on,  ISO,  187  ;  plan 
for  a  federal  convention,  187  ;  sends 
Tinckney  to  New  Jersey,    187;   dis- 
cusses rinckney'a  nroposal,  190,  191  • 
now  articles  added  to  the  confedera- 
tion, 191,  192;  rests  hope  on  system 
of  1783,  192;  expostulates  with  the 
governor  of  New  York,  193 ;   fails, 
and  why,  193,  194. 
Congress,  seventh  (1787),  recommends 
a  federal  convention,  vi.  199;  report 
of  committee  on   western   territory, 
278;    certain  waters   declared    free 
279 ;  the  proposed  five  westt.'n  states^ 
280  ;  bill  for  territorial  government, 
^81 ;  quiets  tho  Indian  title  in  Ohio, 
283 ;   memorial  of  Ohio  Company  to 
congress,  286 ;  committee  of  seven, 
280 ;  ordinance  for  governing  the  ter- 
ritories of  the  United  States,  287,  288 ; 
the  new  constitution  received,  371  • 
opposition  to  it,  371,  372;  Lee's  per' 
Bistcnt  efforts,  372-374 ;  votes  to  a^k 
conventions  to    be    called   in   every 
state   for   consideration  and  action, 
874 ;  gets  notice  of  nine  states  hav- 


1788,   40(5;     closing   measures    for 
working   under  tho  fcde.ul  constitu- 
tion,  4()0. 
Congress,  first,  under  tho  fedcrol  con- 
stitution (April  1789),  vi.  407;  house 
of  representatives,  407  ;  Benate,  406. 
407;    votes   for   president  and  vice! 
president  of  the  Unit.-d  States  count- 
cd,  408;  party  divisions,  408;  debate 
^  on  protection,  408,  409, 
Connecticut,  early  movements  in,  i  204  • 
Hooker  and  colonists,  206 ;  principle 
of    government,    208;    constitution, 
^70;     government    organized,   272- 
course    as    to    confederation,    290- 
charter  obtained,  358;  Winthropgov- 
ernor,     358;     prosperity,     358-300; 
question  as  to  church  relations,  bap! 
tism  of  children,  etc.,  800,  801 ;  free 

fl«i  ''i^'o  *°''"^'    ''"'*   town-mcetingB, 
801,  802;  royal  commissioners  favor. 

nlV'  Kuo'^"""  ^'?'""n'lt''l  I'y  Andros, 
687,^  688;  revolution  in  1089,  An- 
dros  8  government  overturned,  601  ■ 
Heat  governor,  popular  rights  assert! 
cd,  11.  47,48;  F.Winthrop  governor, 
48;  charter  m  danger,  48,  247;  ot- 
empt  by  goveramcnt  to  alter  tho 
hnd    aws,  253;    aids  in  attack   on 

/i^T."'...'^^"^'     Mrit    of    assembly 
1704),  111.    90;    favors   a  congress, 
147 ;  joy  on  repeal  of  stamp-act.  221 ' 
cautious  course,  271 ;  makes  a  dccla! 
ration  of  rights  (1774),  iv.  10;  plans 
a  congrcxs,  13;  sympathy  with  Mas- 
suchusetts,   28;    governor    calls  tho 
legislature    (1775),   170;    thousands 
march  to  camp,  170,  171;  pleads  for 
peace,  but  resolved  to  have  rights  1 73  • 
votes  two  thousand  men  for  the  army' 
174;  plans  taking  Ticonderoga,  161  • 
troops  enlisted,  322;    npirit   of  the 
people  (1776),  V.  26;  how  Washing- 
tons  letter  was  received  (1783)  vi 
»0  91;  delays  action,  100;  proposes 
reform  in  confederation,  136 ;  laws  as 
to  paper  money,  168 ;  sends  delegates 
to  the  federal  convention,  201 ;  propo- 
sitions in  convention,  231,  232;  of- 
fers  compromise,   289;    its   "West- 
ern Reserve,"  279,  280;   state  con- 
vention on  tho  federal  constitution, 
393;  meeting  and  debates,  394;  rati- 
fies   the   constitution,   395;    refuses 
second  federal  convention,  466. 
Connecticut  river,  discovered  by  Block 
(1614),  1.  489;    Winthrop   builds  a 
fort  at  mouth  of,  204. 
Connolly,  Dunmore's  agent,  iv.  83 ;  ar- 
rested (1776),  318. 


m 

m 


w 


I,    ^    ;      ? 


ifi^  i'r 


408 


I'll 


"V 


INDEX. 


'  \ 


h  I 


M  • 


■  M 


f  I 


tki^w 


C'oiiHtltmion  of  tho  United  RtatoH  ( 1 787), 
report  of  conimUtco  <if  dituil  In  tho 
fciloral  Cdiivfiitioii,  vi.  'Jll'i;    a  gDV- 
ornim-nt  l>y  tlio  pooplc,  lilt'i,  2!»:J ;  tri- 
partito  tlivi-iioii  of  powern  of  goviirn- 
inont,  'il»;{,  415;  dootion  of  iiuMiilti'iH 
of  congiH'tis,  21)  I ;  I'oiilliiulty  of  gov- 
oriitiuMit  provitltnl  for,  21)  J,  21)1);  <|uali- 
fications    of    olcetorH,    207 ;    powiTH 
gruntiHl  to  tho  nvvr  govuriiiiii'iit,  301  ; 
power  of  tlio  HtiitcH  to  omit   piipor 
money  prohil)iti'(l,  !10J,  ;j()3  ;  power 
of  congrcsM   to  oiioounigo  innmifiic- 
turoH,  »i)7;   choice  of  tliu  |)resi{ient, 
and  tenure  of  odieo,  ;i2tl-;i2.S;  vice- 
presidoiit,  veto  power,  etc.,  au,  ;»I2  ; 
tho     president     coniiii.  iider-iii-eiiief, 
812 ;    relation  of  tlio  jtiesident  iiiiii 
Henatc,   lit  t ;     powers    of    wiir    and 
peaee,  etc.,  315  ;  (pialilieationM  of  tlie 
president,    31(5 ;     iini)paeliinent    and 
trial,  817;  jiidieial  and  veto  power, 
318;     organization    of    tlio    federal 
courts,  jud;;eH,  extent  of  [jowors,  ete., 
341),    3n») ;    Henato   to    try    inipeaeh- 
inents,  351  ;  niotliod  of  elioosing  the 
supremo  court,  3r.2 ;  number  of  the 
house  of  representatives,  351;    con- 
stitution,  how  to    bo  reetilied,   355; 
final  draft  of  tho  constitution,  357  ; 
an  institution  of  government  by  tiio 
people,  357  ;  veto  of  the   president, 
358  ;   of  juries,  358  ;   servitude  and 
service,  350  ;  constitution,  how  to  bo 
introduced,  kee[)or  of  the  puvse,  3(50  ; 
obligation  of  contracts,  3(51 ;  distribu- 
tion of  rpprosontation,  3(52  ;  tho  con- 
stitution ngrood  to  by  all  the  states. 
303. 

ForcriMinors  of  the  American  foderul 
constitution,  441  ;  its  place  in  history, 
442;  in  harmony  with  individuality, 
443;  entire  religious  freedom,  443; 
slavery  an  anomaly,  444;  tripartite 
division  of  powers  of  legislation,  446  ; 
liow  the  constitution  is  to  be  amended, 
447 ;  sovereignty  of  law,  449  ;  new 
states,  how  to  be  adnntted,  450;  ten 
states  ratify  tho  constitution,  in  state 
convention  (December  7,  1787-June 
2(5,  1788),  viz.,  Delaware,  Ponnsylvia, 
New  Jersey,  Georgia,  Connecticut, 
Massachusetts,  Maryland,  Sonth  Caro- 
lina, New  Hampshire,  Virginia,  40(5. 
Constitutions  of  tho  states  of  America, 
V.  111-125;  principles  of,  111;  sov- 
ereignty of  tho  people,  112;  dates  of 
forming,  113,  114;  provisions  as  to 
suffrage,  114,  115;  method  of  voting, 
115;  popular  br.-\nch  of  legislature, 
115;  two  houses,  except  in  rennsyl- 


vanla  and  ntorgin,  lift;  how  elected, 

110;  governor  or  preHident,  cleetli.n' 

powers,  etc.,  117;  ni)pointing  power' 

!!M;  Juilioiary,  118,  Ho ;  public  cdu! 

cation,   110;  eloetlons,  110;  freedom 

of   worship,    110,    120;   liberality  of 

New  York,    120;    public  worship   in 

thestatcH,  122,  123;  entails  obolislicd 

in  (leorgia,  124;  reform  of  ruIcH  of 

descent  in  Virginia,  124;  proviHlona 

for  amendmontH  of  eon.ititutions  125  • 

rights  of  nian,  125.  ' 

Continental  nniiy,  tho  first  fo  called,  iv 

201 ;  condition   of,  on  Washington's 

appointment  as  general,  213;  confu- 

sion  and   disorder   in,  213;  nmnbcr 

of,  on  Washington's  taking  command, 

210;  much-needod  lefonns,  240,  241  • 

skirn)iHheH  frecpient,  242 ;    how  sup! 

jiorted,  213;  in  three  divi.sions,  under 

Ward,  Lee,  and  Tutnam,  247;  in  sad 

condition   ns   to  snppli<.s,  etc.,  250  • 

vi.-iited  by  a  connnittee  of  congress,  to 

provide    for   eidistmcnts,   etc.,    202- 

wretilu'd  condition  and  sufTerings  of 

the  troops  in  Canada,  381,  382.    yee 

Army,  American. 

Continental   congress.     See    Congress 

Continental.  ' 

Convention  at  Amiapolis  (1780).    See 

Annapolis. 
Convention,  fcdernl.     Sec  P'ederal  Con- 
vention. 
Conway,  Henry,  leaves  tho  army  (1703), 
iii.  05;  in  parliament,  lol ;  head  of 
southern     department,     131,     132; 
hpeoch   of,     178;    opi)Oflc8  receiving 
petition  of  American  congress,  180; 
moves  repeal  of  stamp-act,  20B  ;  ear-' 
ries  the  bill  to  the  house  of  lords, 
208;  secretary  of  state  and   in  tlio 
commons,    225;  views  of,   344;  op- 
poses   taking    away    Massachusetts 
charter,  477;  on  adopting  Fraidtlin's 
idea,  v.  240 ;  urges  recognition  of  the 
United  States,   283;   motion  to  dis- 
continue  the  war,  630. 
Conway,    Thomas,     brigadier  -  general, 
with  Washington  (1777),  v.  178;  at 
Germantown,    193;    defies  Washing- 
ton,  211;  resigns,  211,  212;  appoint- 
cd  inspector-general  and  major-gen- 
eral,   independent    of    Washington, 
212;  resignation  occepted,  215;  let- 
ter to  Washington,  210,  217. 
Coodc,  John,  heads  insurrection  in  Mary- 
land, i.  441. 
Cook,  Colonel,  and  Connecticut  troops 

at  nehmus's  Heights,  v.  183,  184. 
Cook,  J.imcs,  with  Wolfe  in  Canada,  ii, 
503,  508. 


\  l-'i 


IND£X. 


C'ooko,  EliHlm,  patriotic  ooumo  (1698),  11. 

0  1 1  00, 

Cooko.   KIlHha,  Jr.,  liko  his   f,„l„.r,   ii. 

^ItJ;  choHfii  r.-|ni!s..iitativt)  in  Muhsu- 

oliUHcttH  (1720),  *2lrt. 
J'oopor,  A«hl(..y.     S.-o  Shaft.-Hl.iirv 
toopor,  M)j..M,  ,.rosl,l,.r,t  .,f  (!„l,„„|.i,i 

''ta^mS);SK',5r" "'"""« '""""■ 

Copli.y,  Hir  Lionel,  governor  of  Mary. 
liuiiI(l(lU2),  11.  21.  ^ 

Corecs,  or  CoramincH,  ImlhiaH,  il.  i)i 

Cornbiiry,  Lonl,  Rovcrnor  of  New  York 
chiiructor  ami  ourso,  il  41-j't  .p/. 
views  an  to  nmnapMS  clonics  in' 
money  mutterH,  ?«,  7» 

CornwiiIlN,  Lord  (Mmrlos,  eoi.r.o  la  fho 
•lon.Mo  of  lonls  (IVflC),  iil.  l;)|.  fl,.,t 
exploit  in  America,  nivaKen  a  piiuifii- 
tion  in  Nortli  (Carolina,  iv.  ;i97  8'.)H  • 
arrives  In  Ntnv  York  an.l  lands  with' 
troops  V.  27,  28;  in  New  Jersey,  81, 
H.i ;  takes  Mrnnswlek,  8 1 ;  then  Prince! 
ton  and  Trenton,  85;  proposes  to  ro 
to  hiiKland,  81>,  U  J ;  a.lvances  upon  the 
Americans  at  Assanpink  deck  lo;i' 
104 ;  goes  after  ^VashinRt()n  at  IVince! 

pi"'.  V?\."'  "J"  «M'»"iiti<)ii  a-ainst 
PlHladelplua,  170,   177;  at  (ierman- 
town,  103;  sent  on  expoditi(m  to  the 
I)olaware,  l!».»;  makes   a   foray  into 
Now  Jcr.sey,  288;  joins  Clinton  near 
Charleston,   377;    in    separate   com- 
mand, .J8I. ;  defeats  (Jatos  at  (.'amden, 
feouth  Carolina,  385-389;  proud  and 
confident,  3r>l,  3!)2;  manifests  aava-e 
cruelty,  392-391;  confiscations,  etc. 
39.j;    advances,  39(1,   397;    rctrcat.s 
sick,  400,  401  ;  fails  to  penetrate  Vir-' 
pmia,  403;  at  Charlotte,  47«;  letter 
to  General  dreene,  sharp  retort,  478- 
on  ers  Tarleton  to  attack  Morgan,  48o' 
481;  letter  to  Clinton,  485;    rushes 
after  Morgan,  486;  at  Ililisborough, 
490 ;  proclamation,  491 ;  after  battle 
V,r-,    i'"^"'"''  ^'"'"-t-IIouse,  retreats  to 
Wilmington,    North    Carolina,    495- 
supported  hy  Cermain,  496,  497:  sets 
out    for  Virginia,    497;    arrives   at 
lotcr^burg,  507;   force  under,  507- 
tries  to  catcJi  Lafayette,  609;  on  the' 
James   river,  509,  ftio;    raiding  ex- 
ploits,   BIO;  ordered  to  send    troops 
to  New  York,  510,  511;  marches  to 
Portsmouth,  511  ;  held  to  his  place  in 

Jlo"S  ^^^'!»^"»  '^'"1  ««n„ain, 
612-814;  a  Yorktuwn,  511 ;  writes  to 
^imton  of  his  danger,  518;  hemmed 


499 


j...^^«10-^621;    -urrcndors  (October. 

Cor„walllHCoIoneIR,lwnrd,  leads  colony 
to  Aeadia,  ii.  315,  358,  359  ' 

«  oionado,  governor  of  New  (ialiela  I 
■t  ;  e.M;i'<lilion  of,  32-35;  discover* 
tributaries  to  Ui,,  (inmde  del  Norto 
"Md  the  MissisNippl,  35,  30;  fuHs  to 
find  a  northern  I'eru,  37 

Cortereal  voyage  of.  In  service  of  Portu- 

[I'.rtes  an.l  the  north-west  pa8flag.>,  1.  20. 

Cory,  (iilcs,  exeeute.l,  ii.  no.         ^  •  '  '"'• 

"j7'^5{'"'^''^i'"P'i«oiied  lor  witchcraft, 

^'"n%.,\^""''*'"'  governor  of  New  York 
07.1-).  course  of,  Ii.  253,  264;  death 

Cotton  John,  arrives  in  Massachusetts. 
1.  245;  opposes  Roger  Williams,  252' 
j*''Riii'M  against  hereditary  Icislatora 
111  America,  259.  "-o'S'iiois 

Coventry  Lord,  o„  rights  of  people  of 
Virginia,  I.  453,  454.  ' 

Cowpens,  South  Carolina,  v.  481  48'>. 
Morgan's  great  victory  at  (1781),  482-! 
185;  elfect  of  the  victory,  484  483 

Coxe    a   proprietor  of    New  Jer's.-v,  "ii. 

>«»;oxp,d,tion  (1099)  to  the  Missis. 

Hippi  river,  189,  190. 
Cra.loek,     Matthew,     with     Saltonstall. 

JohnS(m,  and  others,  i   2'K\ 
Cranfield   Kdward,  in  New^IIampshiro. 

character    and    action,   i.  399    400  • 

(juarrels  with  the  ministers,  4()0-  as' 

Humes  right  to  lay  taxes,  and  is  re- 

Histed,  400,  401 ;  retires,  401 
Cranmcr,  archbishop  of  Canterbury,  rc- 

l-ition3withCalvin,etc.,i.  181    IH2 
Craven     Charles,    governor    of    South 

Carolina,  ii.  214. 

^'^'wilT'  !m/''1;'1"'''?''°^'  "•  9S;  treaty 
^wth,  216;  friends  to  Georgia,  621; 
refuse  to  join  Cherokecs  against  thJ 
iah  40'r"  "^'  P''°"''''C3  to  the  Krlt- 

Crcsap,  Michael,  private  war  against  the 
Indians,  IV  81,85;  brings  Maryland 

d.aror24?^    "'^^^ 
Croghan,  (Jeorgc,  Indian  trader,  ii.  363 

iii  osr"""'  ^'"'""'^'^''O"  of  Illinois,' 
Cromwell,  Oliver,  eommercial  policy  of 
1.  145;  American  colonies  under  170- 
cour..e  toward  the  colonies,  310;  Icade; 
of  the  Independents,  331 ;  parliaments 
and  naval  successes,  S39-341 ;  death 
Of,  o42. 


1^ 


f  I 


liiJr 


I 


S  I 


600 


INDEX. 


E'    * 


"  I 


'■I  t 


II  . 


''i'h      :IM 


Cromwell,  Richard,  i.  342. 
Crown  Point,  French  fortress  at,  ii.  222 ; 
taken  by  Warner   (1775),   iv.    183; 
garrisoned,  194;  abandoned,  v.  15. 
Cro^at,  Anthony,  grant  of  right  to  trade 
in  Louisiana,  ii.  225,  226 ;  resigns  his 
charter,  226. 
Cruger,  British   colonel   at  Ninety-Six, 

South  Carolina,  v.  601. 
Culpepper,  John,  insurrection  in  North 
Carolina,  i.  425;  excused  by  a  jury 
in  England,  426. 
Culpepper,  Lord,  Virginia  given  to,  by 
Charles  IL,  i.  462,  453  ;  governor  of 
Virginia,  469 ;  rapacious  and  dishon- 
est, 470;  displaced,  4/1. 
Cumberland,  duke  of,  captain-genaral  of 
British  army,  ii.  412 ;  has  the  mutiny 
act  applied  to  America,  412,  413;  is 
suggested  for  king  in  America,  449 ; 
rebukes  the  meanness  of  hiring  mer- 
cenaries, iv.  357. 
Cunningham,  Colonel  \V.,  savage  cruelty 

and  outrage  on  Americans,  v.  479. 
Currency,  colonia,l,  ii,  83 ;  of  the  United 

States  (1784),  vi.  119. 
Cushing,  Thomas,  iii.  308;  elected  to 
the  assembly  in  Massachusetts,  348  ; 
speaker,  443;   delegate  to  congress, 
iv.  23. 
Cushman,    Robert,    goes    to    Endand 

(1627),  i.  20L 
Custis,  J.  r.  Washington's  stcp-3on,  vi. 

18. 
Cutler,  M.,  one  of  the  Ohio  Company's 

agents,  vi.  2S6. 
Cuylcr,  in  New  York  congress,  iv.  429. 


D. 

Dablon,  Claude,  Jesuit  missionary  to  the 
Onondagas  in  western  New  York,  ii. 
147,  148. 

Dakotas.    Pee  Sioux. 

Dale,  Sir  Tliomas,  in  Virginia,  intro- 
duces  martial  law,  i.  102 ;  an  upright 
governor,  five  years  in  office,  returns 
to  England,  108;  death  of,  109. 

Dalrymple,  Sir  John,  pamphlet  of,  "  Ad- 
dress of  Great  Britain  to  the  Inhabit- 
ants of  America"  (1775),  iv.  150; 
specious  promises  of,  150,  151. 

Dalrymple,  Colonel,  in  command  of 
troops  in  Boston  (1768),  iii.  312,  369, 
371 ;  oifers  to  obey  the  governor,  and 
removes  troops,  376,  378. 

Dalyell,  Captain,  relieves  Detroit  (1763), 
iii.  47;  defca:ed  by  the  Indiana  and 
killed,  47. 

Dana,  Francis,  on  conimittoo  of  concrress 


to  visit  Washington,  v.  217 ;  in  Massa- 
chusetts  state  convention  to  ratify 
federal  constitution,  vi.  396. 

Danhury,  Connecticut,  stores  at,  de- 
stroyed by  Tryon,  v.  151. 

Danby,  Lord  Treasurer  (1673),  i.  592. 

Dane,  Nathan,  in  Massachusetts  legisla- 
ture,  vi.  197;  in  congress,  motion  for 
government  of  westc.n  states,  278; 
share  in  preparing  ordinance  of  1787* 
281,  285,  28»J,  290;  opposes  the  new 
constitution,  371;  conduct  not  ap- 
proved  in  Massachusetts,  396. 

Danforth,  Thomas,  report  on  natural 
and  chartered  rights,  i.  369. 

Daniel,  Robert,  deputy  governor  of 
North  Carolina,  ii.  14. 

Daniel,  S.,  poet  laureate,  quoted,  on 
diffusion  of  English  literature,  i.  79. 

Dare,  Virginia,  name  of  first  child  of 
English  parentage  born  in  the  United 
States,  i.  76 ;  fate  of,  77,  78. 

Darien,  Georgia,  Scotch  settlement  in. 
ii.  290.  ' 

Dartmouth  college,  New  Hampshire,  iv. 

148. 
Dartmouth,  earl  of  (William  Legge), 
head  of  the  board  of  trade,  iii.  132 ; 
secretary  for  the  colonies,  416 ;  vio' 
lent  against  the  Americans,  iv.  114 
115;  rejects  Chatham's  plan,  116; 
sends  orders  to  General  Gage,  160; 
on  Gage's  attempt  at  Concord,  185 ; 
sends  word  to  Howe  that  Russian 
mercenaries  are  coming,  277 ;  favors 
coercing  the  Americans,  329. 
Daston,  Sarah,  tried  for  witchcraft,  ii. 

66. 
Davenant,    Charles,   advocatr^s    Penn's 
plan  of  union  of  Ameriti.n  colonics, 
ii.  75. 
Davenant,   Sir  William,   appointed  by 
Charles  IL  governor  of  Maryland,  i. 
170. 
Davenport,  John,  founds  New  Haven, 

Connecticut,  i.  271 ;  views  of,  360. 
Davidson,  of  North  Carolina,  general, 
with  Morgan,  v.  480 ;  killed  at  Mac- 
gowan's  ford,  486. 
Davio,  W.  R.,  of  North  Carolina,  in  the 
federal  convention,  vi.  252,  266;  iu 
state  convention  on  the  federal  con- 
stitution, 461. 
Davis,  Isaac,  captain  of  tlie  Acton  min- 
ute-men, iv.   158,   159;    bravery  of, 
160,  161 ;  killed,  161 ;  his  wife,  159, 
161. 
Dav"     John,  voyages  of,  i.  71. 
Davi.v,  Nicholas,  driven  out  of  Massachu- 
setts, i.  314. 
Dawes,  Thomas,  of  Boston,  speech  in 


fl'  i 


INPEX. 


on,  speech  in 


state  convention  on  the  federal  con-  r 

Btitutioii,  vi.  899,  400. 
Dawes,  William,  at  Lexington,  iv.  153. 
l^aye,  Stephen,  printed   first   book   in 

America  north  of  Mexico,  i.  280 
Dayton,  Colonel  E.,  at  Elizabethtown, 

New  Jersey,  v.  424. 
Dayton,  Jonathan,  of  New  Jersey,  in  the 

federal  convention,  vi.  S33. 
Dean,  James,  among  Indians  in  Canada, 

IV     148  ;    visits   the    to.i    Nations, 

Deane,  Silas,  goes  to  France,  v.  17-  in- 
terview  with  Vergennes,  17, 18 ;  deal- 
ings  with  Bancroft,  18 ;  one  of  the 
commissioners  to  France,  50;  pre- 
sented  to  the  king  and  queen,  250; 

Dearborn,  Henry,  of  New  Hampshire, 
activity  of,  iv.  109;  with  Genera 
Gates,  V.  188,  189. 

^^o?r'''^i^^''"^'^'  "^^''^  to  England,  iii. 
235 ;  the  son  of,  v.  7.  °        > 

De  Callieres,  in  Canada,  ii.  179,  186 

Declaration  of  independence,  committee 

SnP^r^/f 'i^^^^'  principles,  as  set 
forth,  July  4, 1776, 446 ;  King  George 
striven  to  govern  colonies  absolutely, 
447;  parliament  enacted  unconstitu- 
tional  laws,  448 ;  the  king  waged  war 
against    the    colonies,  449;    British 
people  appealed  to  in  vain,  419;  the 
colonies  free  and  independent  states, 
450;  principles  of  the  declaration  ad- 
dressed to  all  nations,  450;  relation 
to  other  forms  of  government,  451  • 
why  America  established  a  people  and 
government,  452 ;  the  declaration  not 
signed  on  July  4,  452;  why  this  day 
IS  the  great  anniversary,  4^2;  pro- 
claimed  in  Pennsylvania   and    New 
Jersey,  v.  3,  4  ;  in  New  York,  4:  in 
Virginia,  Rhode    Island,    Maryland. 
Massachusetts,    South   CaroUna     5- 
signed  by  all  the  members  of 'con- 
gross,  15,  16. 
Declaratory  act  of  1760,  iii.  208  209- 
claims  absolute  power  for  parliament 
to  bind  America,  209. 
De  Clugny,  minister  of  finance,  iv.  371 
Deerficld,  Massachusetts,  burning  of  i' 

389;  ii.  196,196.  ^      ' 

De  Gourges,  avenges  massacre  of   the 

French  in  Florida,  i.  68,  59. 
De  Graffenried,  ii.  203,  204. 
Do  Grasse,  Count,  with  French  ships  v 
609;    enters   the    Chesapeake,   510 i 
victorious  over  the  British  fleet,  517- 
honored  by  congress,  623;    sails  to 
Hest  Indies,  625;  defeated  by  British 
ileet  under  Ilodnov  P-.io  541 
De  Guines,  Count,  French  ambassador  to 


601 


m^f^t'  ^^^ '  ^'^""^^^^'^rgenncs, 
DeKalb.    See  Kalb. 
Pe  la  Barre.    See  Bane,  De  la 
Delancey,  James,  chief  justice  of  New 

^-r    '*'/■    ^T^V     "eutenant-governor, 

York,  li^^;'^^^'^y  f'^-'y  in  New' 
Delancey,  Jamcs,  colonel  in  the  British 

semcc,  v.  142;  illegal  executions  bv 

004.  - ' 

Delaplace,  surrenders  Ticondeio;?a  to  E 
Allen,  iv.  183.  ° 

De  Lauzun,  Duke,  carries  to  France  news 
of  victory  at  Yorktown,  v.  523 

m'""fAo^°''^'  S*"^*^™"'"  "f  ^'"-ei^ia,  i. 
lOJ  102;  returns  to  England.  102- 
death  of,  109.  °       '         ' 

^S.n?'-*'i*;.?"'^'^  purchase  lands  in 
(1630),  1.498;   DeVries  plants,  499- 
Swedes  colonize,  502;    contention  of 
Swedes  and  Dutch,  509,  610;  William 
Benn  obtains,  556,  503 ;  government 
established,  ii  24,' 25; 'sfro?^^^^^^^ 
stlf,  30;    condition  of  (1754),  397, 
398 ;  favors  a  congress,  iii.  147 ;  adopts 
Virginia  course  and   resolves,   848- 
contributes  to  help  Boston  iv  28  29- 
movements  in,  I08;  assembly  m'eets' 
Its  action,  143 ;  firm  for  defence,  2^2 ! 
follows  lead  of  Pennsylvania,  after  the 
te  P''°^l'^'"''tion,   273;    instructs 
Its  delegates  as  to  independence.  428  • 
abolishes  slavery,  v.  411 ;  how  Wash- 
'"^  fi'Jlonl'''"''^  '™^  received  and  acted 
°''<^^^?L^'-..^1:^'^^^^'^«  to  paper 
money,  172;  limited  power  of  dele- 
gates to  the  federal  convention.  277  • 
legisature     calls    state    convention! 
which  ratifies  the  constitution,  389 
390;   good  words  to,  from  Washiuff- 
ton,  4/0.  " 

I  Delaware  Indians,  ii.  91 ;  murder  whites 
and  are  chastised,  454,  466;  threaten 
and  attack  Fort  Pitt,  iii.  44, 47 ;  make 
peace,  88 ;  Dunmore  makes  peace  with 

(n76):v.*62':   "^  *^'  ^''''^''  "S"''^ 
De  Moms,  patent  of  sovereignty  over 

ff'?'''r\^'i^'^^Pl°'''^«t'»^  coast 
of  Now  England,  19. 

Denmark,  aspect  of,  toward  United 
States,  V.  227,  228;  a^-rees  to  league 
of  neutral  nations,  310;  policy  of, 
3ol ;_  asked  to  agree  to  Russia's  dec- 
laration of  rights,  356  ;  overtures  for 
a  treaty  with  the  United  States,  vi.  66, 

Dcnonville,  marquis  of,  governor  of 
Canada,  11.  170 ;  contest  with  tlio  Tm. 
quo^  and  result,  170,  177  ;  incapacity 


<  ,i       > 


502 


INDEX. 


'( ail 


.f'!'i 


,  iik'M  ' 


J  ' 


(. 


De  Pineda,  explores  southern  coast  of 

America,  i.  24,  25. 
De  Rasi^res,  visits  Now  Plymouth,  i. 

496.  "^  ' 

Descartes,  the  philosopher,  v.  257. 
Des  Moines  river,  Iowa,  ii.  156. 
De  Soto,  F.,  offers  to  conquer  territory 
for  Charles  V.,  i.  38 ;  sails  for  Flori- 
da,  39,  40 ;  extravagant  expectations 
of,  40;   enters  Georgia,  41;   thence 
through  Alabama  and  Mississippi  to 
Mississippi  river,  44,  45 ;  struggles  of, 
with  the  Indians,  44;  enters  Arkan- 
sas and  Missouri,  45,  46 ;  cruelty  to 
the  natives,  46 ;  death  and  burial,  47 ; 
failure  of  the  expedition,  48,  49. 
D'Estaing,  Count,  memoir  on  policy  of 
the  French  court,  v.  242 ;  arrives  in 
Philadelphia  with  French  fleet,  284; 
off  Newport  forces  British  to  destroy 
their  ships,  etc.,  285 ;  fleet  wrecked 
in  violent  storm,  285,  286 ;  proposes 
expedition,   319;    in    Georgia,    372; 
attack  on  Savannah,  372,  373 ;  sails 
for  France,  373,  374;  urges  sending 
troops  to  the  United  States,  425,  42(5. 
D'Estouches,  French  admiral,  v.   605. 
606.  ' 

Detroit,  the  French  in  possession  of,  ii. 
186;  besieged  by  the  Fox  Indians, 
203;  situation  of  (1763),  lii.  42;  be- 
sieged, 43;  relieved,  47;  siege  con- 
tinued, 47 ;  population  of  (1768),  320 ; 
Hamilton  in,  v.  310,  311. 
De  Vaea,  Cabeza,  discovers  the  Missis- 
sippi  river,  i.  29 ;  expedition  of,  across 
the  continent  to  the  Pacific  Ocean.  30 
31.  '      ' 

De  Vaudrcuil.    Sec  Vaudrouil. 
De  Vries,  visits  Virginia  (1632),  i.  137  ; 
plants  colony  on  the  Delaware,  499  • 
fate  of,  600;  negotiates  peace  with 
the  Indians,  505,  606. 
Dew,   Thomas,  plan   for  exploring  in 

Carolina,  i.  410. 
Diaz,  Martin,  explorations  and  adven- 
tures of,  ii.  32,  33. 
D|Iberville.    See  Iberville. 
Dickinson,   John,    opposes    change    of 
Pennsylvania  to  a  royal  government, 
iii.   91;    author    of  "Farmer's   Let- 
ters," 264,  265 ;  sentiments  of,  282 ; 
character  and  views  (1774),  iv.   11 
12;  wishes  for  delay,  12;  timid,  32| 
33;   elected  to  congress,  70;  drafts 
petition  to  the  king,  75,  76 ;  address 
to  the  people  of  Quebec,  81,  82  ;  sus- 
tains    the    cause    of    Massachusetts 
(1776),  199;  author  of  paper  giving 
reasons  for  taking  up  arms,  238 ;  also 
of  second  petition  to  the  king,  238 ; 


course  of,  261,  262 ;  head  of  commit- 
tee  of  safety,  with  bills  of  credit  25'>  • 
blamed  by  John  Adams,  261 ;  in  le^! 
islature  of  Pennsylvania,  opposes  in' 
dependence,  273 ;  argument  in  New 
Jersey  assembly,  310;  arges  waiting 
839,  340;  position  in  regard  to  a  con' 
vention  or  "national  council,"  421- 
still  holds  out  against  independence' 
423 ;  in  congress,  replies  to  speech  of 
John  Adams,  and  urges  delay  of  dec- 
laration of  independence,  437-439. 
plan  for  confederation,  r.  10  11  • 
less  etficient  than  Franklin's,  1 1 ;'  hesi' 
tates  to  go  to  congress,  84 ;  president 
of  Pennsylvania,  vi,  91 ;  on  Wash- 
ington's letter,  91 ;  in  the  federal  con- 
vention, 221,  222,  223,  226,  226,  231  • 
on  the  slave-trade,  320;  on  teuu-o  of 
office  of  the  judges,  349,  350. 

Dickinson,  General  Philemon,  near  Som- 
erset Court-House,  New  Jersey,  V.  108 

Dieakau,  with  French  troops,  in  Quebec 
ii.  420 ;  expedition  of,  against  John' 
son,  436 ;  death  in  battle,  437. 

Diggs,  Edward,  governor  of  Virginia,  i. 

Dinwiddie,  governor  of  Virginia,  urges 
raising  revenue  by  tax,  ii.  373,  374  ; 
sends  Washington  as  envoy  to  the 
French  on  the  Ohio  (1753),  378;  on 
colonial  assemblies,  411,412;  praises 
board  of  trade,  413  ;  urges  a  tax,  443. 

Dixon.     See  Mason. 

Dixwell,  John.    See  Regicides. 

Dobbs,  Arthur,  royal  governor  of  North 
Carolina,  ii.  393. 

Dongan,  _  Thomas,  governor  of  New 
York,  i.  682 ;  calls  general  assembly 
of  freeholders,  582 ;  favors  the  Five 
Nations,  583. 

Donop,  Hessian  colonel,  iv.  355 ;  in  New 
York,  v.  31, 32 ;  on  the  Delaware,  89, 
90 ;  advice  to  Rail,  90,  94 ;  flight  of, 
101,  102;  with  Howe  in  Pennsylva- 
nia, 180 ;  assault  on  Red  Bank,  New 
Jersey,  196;  death  of,  197. 

Dorchester,  Massachusetts,  celebration 
in  (1769),  iii.  359,360. 

Douglas,  William,  proposes  stamp  duty, 
ii.  363. 

Dover,  one  of  the  oldest  towns  in  New 
Hampshire,  i.  217. 

Do  wdes  well,  chancellor  of  the  exchequer, 
iii.  194, 195 ;  on  the  Boston  port  bill. 
472.  ' 

Drake,  Sir  Francis,  in   California  and 

Oregon,  i.  66 ;  plunders  the  Spaniards 

in  the  Pacific,  and  sails  round  the 

world,  66. 

Drayton,  William  Henry,  chief  Justice 


INDEX. 


of  South  Carolina,  iv.  395 ;  speech  ou 

opening  court,  390. 
Drayton,  the  poet,  quoted,  i.  88. 
Dreui  ettes,  Koman  Catholic  missionary 

^,';|;;';f,«°'^<^bec  (1646),  builds  a  cbap^ 

Drummond,' Sarah,  brave  words,  in  time 
of  |he  Great  llebellioa  in  Vi;siuia"! 

Drummond,  William,  governor  of  North 
Carolina,  i.  411,  462  ;  handed  in  Vir 
fe-'nia  (1677),  467, 468.        °  ^''* 

S'ii!^m'  ^"^""'^  S^^'^^or  of  Vir. 
Duane,  ofNew  York,  proposed  for  con- 

■iJ 7,  ^   '  Recommends  negotiation 

with  Great  Britain  (1775),  200;    on 

commissioners  for  conciliation,  340- 

wishes  further  delay,  343 ;  Hamilton's 

appeal  to,  v.  448,  449.  """"on  a 

Du  ChiUelet,  French  minister  to  England 

ill.  282 ;  writes  to  Choiseul,  282,  283  '■ 

views  of,  318,  325,  321),  334,  335  ;ad- 

•   S,'3^T*'"^"''  colonial'liber'ator, 

Duche',  Episcopal  clergyman,  opens  con- 

gress  with  prayer,  iv.  64,  65. 
Dudley,  Joseph,  chief  justice  of  New 
I  orjf  11.  37,  38 ;  in  Massachusetts,  49, 
68;  disloyal  course,  68,  69;  advises 
conquest  of  Acadia,  198! 
Dudley,  Thomas,    deputy  governor  of 
Massachusetts,    under  AVinthrop,    i. 
Aj,j;  intolerant  spirit  of,  311 
Duhaut,  murders  La  Salle,  ii.  174;  killed 

oy  his  fellow-assassins,  174 
Dulany,  Daniel,  of  Maryland,  able  ar-u- 

ment  of,  iii.  145, 146. 
Duluth,  Daniel,  French  olBoor,  ii.  1G5 
Dumas,  employed  to  get  aid  from  Hoi- 

land,  IV.  302. 
Dummcr,  Fort,  ii.  223. 
Dummer  Jeremiah,  agent  of  Massachu- 

Tl%  oAa'^"  ^''''  ^"Sland  charters, 
II.  ii47-249. 

Dunbar,  Samuel,  minister  in  Stoughton 
Massachu.setts,  iv.  52.  ' 

Dunbar,  Colonel  Thomas,  in  Braddock's 
army,  ii.  421  ;    cowardly  retreat  of, 

^""PZ^r-'  ^°''<^'  B«vemor  of  Virginia, 
"1.  390  ;  dissolves  the  house  of  bur- 
gessos,  IV.  17 ;  calls  the  as.sombly,  34 ; 
'"  ^^^^  York,  82 ;  returns  to  Virginia 
^greedy  for  land,  82;  occupies 
1  ittaburg  and  dependencies,  83  ;  calls 
out  the  militia  of  the  South-west,  85 
80 ;  makes  peace  with  the  Indians.  88  • 
prorogues  the  assembly,  108  ;  carries 


603 


off   powder,  146;   threatens  to  free 
and  arm  the  slaves,  146.  147  •  cours« 
adopted  by,  179;  cills  together  houL 
of  burgesses  on  Lord  North's  offer 
201 ;  veto  in  favor  of  the  slave-trade! 
«s02 ;  retreats  to  a  ship  of  war   202  • 
course  toward   the   legislature'   253* 
254 ;    abdication  of  royal  authority! 
^54 ;    with  some  ships,  begins  war 
317 ;  tries  to  burn  Hampton,  317  •  in- 
Btruetions  from  England,  317,  318- 
offers  freedom  to  indented  servants 
and  slaves,  318;  tries  to  raise  forces 
among  the  backwoodsmen  and  sav- 
ages   318;    his  troops  repulsed    at 
Liizabeth  river,  319;  burns  Norfolk 
an  outrage,  320;  cross  and  violent! 
^Bb ;  course  pursued  by,  v  5 
Dunning    Henry,   Lord  Ashburton,  in 

the  cabinet  (1782),  v.  534. 
Dunning,  John,  opposes  taking  away 
^      Massachusetts  charter  (1774)  iii  477 
Duplessis,   M.,  in    the    battle  of   the 
randywine,    V.     179;     present    at 
Donop's  death,  197. 
Dupoisson,  Jesuit  missionary  amon^tho 

Arkansas,  ii.  233.  ° 

Duquesne,  succeeds   La   Jonquii-re  as 

governor  of  New  France,  ii.  377 
Duquesne,  Fort,  taken  by  the  French,  ii. 
383 ;    retaken   by  the    English  and 
Americans,  under  Washington  (1758), 

^V^VJ'"'"'^'  ""»'ster  in  London,  ill. 

Durant,  George,  in  Carolina,  i.  410. 
Durantaye,  at  Mackinaw,  ii.  179 

^"S   ^^i'jo''   J°''°'   of    Connecticut 
(1766),  in.  173. 

^"j^g!"'   ^'^'"lah,  heroism   of,   ii.   1S2, 

Dutch  Antiericans,  spirit  of,  iv.  130,  131. 
Du  ch  Colonies.    See  New  Netherlknd. 
Dutch  Last  India  Company,  i.  480 
Dutch   West  India  Company,   i."479- 

ly  510"  ''^'  ^^^'  "PP'"''"'^'^"  "^oiiopo- 
Duty,  on  tea  proposed  (1767),  iii.  251  • 
on  imports  and  prizes,  required  by 
congress(1781),  vi.  27;  granted  by 
how  lork,  Connecticut,  and  other 
states,  27,  28;  Rhode  Island  refuses, 
33;  suspended  by  Virginia,  34;  re! 
pealed  by  Virginia,  63. 
Dyar,  JIary,  a  Quaker,  trial  and  death 

01,  by  hanging,  i.  314. 
Dyer,  of  Connecticut,  on  colonial  union, 
111.  70;  in_  congress  (1705),  on  neces- 
sity of  union,  155;  opposition  of,  to 
tlie  stanip-act   158. 


f 


iv  1 


504 


INDEX. 


m 


Iii|i:''i 


E. 

Early  voyagers  and  explorers : 

Alarcon,  P.  do,  i.  32. 

Alvarado,  II.,  34,  35. 

Ayllon,  L.  V.  de,  26. 

Cabot,  John,  10. 

Cabot,  Sebastian,  10-14. 

Cabrillo,  J.  R.,  and  Ferrclo,  S7. 

Cardenas,  G.  L.  de,  84,  35. 

Cartier,  James,  15-17. 

Champiain,  Samuel,  18. 

Columbus,  Christopher,  T,  8. 

Coronado,  P.  V.,  31,  32,  37. 

Cortereal,  Gaspar,  14. 

De  Monts,  18,  19, 

De  Pineda,  A.  A.,  24. 

De  Soto,  F.,  38-47. 

De  Vaca,  Cabcza  de,  27-31. 

Diaz,  M.,  32,  33. 

Fernandez,  F.,  24. 

Fcrrelo,  B.,  37. 

Gama,  "Vasco  da,  11,  12. 

Garay,  F.  de,  24,  25. 

Gomez,  Stephen,  26,  27. 

Grijalva,  24. 

La  Roche,  Chauvin,  Pontgrav6,  18. 

Narvaez,  P.  de,  27. 

Niza,  M.  de,  31,  32,  34. 
Ponce  de  Leon,  22-24. 
Poutrincourt,  19. 
Roberval,  F.  dc  la  Roque,  17. 
Character  of  the  early  navigators,  i. 
83. 
Eastchurch,    governor    of    Albemarle, 

North  Carolina,  i.  423. 
East  India  Company,  English,  first  char- 
ter, ii.  SO  ;  revived  under  Charles  II., 
89. 
East  India  Company,  Dutch,  i.  480. 
East  India  Tea  Company,  in  distress,  asks 
help,  iii.  438  ;  resolves  to  send  tea  to 
America,  443 ;  consignees  in  Boston 
refuse  to  resign,  448,  449 ;  tea-ship 
arrives,  450  ;  other  ships  arrive,  452, 
453 ;    tea    thrown    overboard,    456 ; 
ships  at  Charleston  and  Philadelphia, 
457  ;  defeated  by  Boston,  iv.  268. 
East  New  Jersey,  bought  by  William 
Penn,   i.  551  ;  Philip  Carteret,  gov- 
ernor, 577 ;   interference  of  Andres 
resisted,  578  ;  purchased  by  Quakers, 
678 ;  new  patent  from  the  duke  of 
York,  678 ;  asylum  for  Scotch  Pres- 
byterians, 578,  579  ;  annexed  to  New 
York,  681  ;  with  West  New  Jersey  in 
one  province,  ii.  31-33. 
Eaton,  Theophilus,  i.  223 ;  governor  of 

Connecticut,  271,  272. 
Ecnycr,  Captain,  at  Fort  Pitt,  iii.  40-48. 


Eden,  Richard,  "History  of  Maritime 

Expeditions,"  i.  62,  63. 
Eden,   Robert,  lieutenant-governor  of 
Maryland,  iii.  362;   gives  up  arms 
etc.,  iv.  179.  ' 

Eden,  W.,  one  of  Lord  North's  commis- 
sioners to  America,  v.  272 ;  in  parlia- 
ment,  543 ;  condemns  modifyinff  the 
navigation  act,  vi.  43. 
Edmundson,  William  (1672),  visits  the 

Quakers  in  Carolina,  i.  421. 
Education,  provision  for,  in  Virginia  i. 
112,    127;    in    Massachusetts,    316* 
Berkeley  in  Virginia  opposes,  451- 
under  the  new  constitutions  of  the 
states,  v.  119. 
Edwards,  Jonathan,  conception  of  his- 
tory  and  progress,  ii.  269 ;  on  theo- 
logical  and  moral  truth,  406,  406. 
EflBngham,  liord,  refuses  to  fight  against 

the  Americans,  iv.  186. 
Effingham.     See  Howard  of  Effingham. 
Egmont,  Lord,  wished  to  protect  AmeN 
iea  against  the  mutiny  act,  ii.  412, 413. 
Egremont,  in  the  ministry  (1763),  il'i  31* 
36 ;  death  of,  52.  ' 

Elections.    See  Suflfrage. 
Eliot,  Andrew,  of  Boston,  iii.  249. 
Eliot,  of  Bristol,  England.    See  Thome 
Robert.  ' 

Eliot,  John,  apostle  of  the  red  men   i 
368,  384 ;  "  On  the  Christian  Coml 
monwealth,"  368  ;  labors  of,  among 
the  Indians,  384,  385. 
Eliot,  Lord  Minto,  in  parliament  (1778) 
urges  settlement  with  America,  v.  225! 
Elizabeth,  queen  of  England,  encourages 
maritime  enterprise,  i.  63-66;  gives 
name,  Virginia,  to  the  region  where 
Raleigh's  first  expedition  landed,  69  ; 
Prayer-Book    and    Articles    of    the 
Church,  185, 186;  desires  and  enforces 
uniformity,  188,  189;  death  of,  194. 
Elizabeth  Isles,  Massachusetts,  Indians 

of,  i.  385. 
Elizabetbtown,    New    Jersey,    i,    521 ; 
"Elizabethtown  Purchase,"  521,  522; 
British  repulsed  at,  v.  424. 
Elliot,  Sir  Gilbert,  in  parliament,  iii.  103 ; 

iv.  270. 
Elliott,  Briti-sh  minister  at  Berlin,  hires 
a  thief  to  steal  Arthur  Lee's  papers, 
v.  240. 
Elliott,  Susanna  S.,  presents  colors  to 

Moultrie  and  Motte,  iv.  410. 
Ellis,  Henry,  governor  of  Georgia,  ii. 
613;  secures  the  good-will  of  the 
Creeks,  521 ;  aids  in  the  plan  for  tax- 
ing the  colonies  by  parliament,  iii. 
61. 
Ellis,  Wclborc,  secretary  of  war,  array 


INDEX. 


605 


y  of  Maritime 


of  war,  army  "^ 


estimates  of,  for  America  (1763),  iii. 
33 ;  opposes  receiving  petiliou  of  con- 
gress, 186. 
Ellawortii,  Oliver,  of  Connecticut,  in  con- 
f';°f8,_vi.  99;  retiring  words  of,  99, 
100;  m  tlie  federal  convention  218 
229,  231 ;  character  of,  241,  242-  re- 
ply to  Wilson,  245 ;  earnest  speech  on 
vote  m  the  senate  by  states,  249-262  • 
on  the  committee  as  to  compromise' 
256 ;  becomes  a  strong  federalist,  269  • 
on   ratification  of    the  constitution! 
273  ;  one  of  the  committee  of  detail, 
274,  275 ;  moves  and  carries  proposi! 
tion  to  support  new  government  out 
of  the  treasury,  294 ;  on  support  of 
new  government,  291;  against  paper 
money,  302 ;  on  interference  with  con- 
tracts, 303,  306 ;  on  treason,  slave- 
trade,  etc.,  311,  314,  317 ;  on  the  elec- 
toral college,  329,  330;  on  legislative, 
judicial,  and  executive  powers,  345- 
m  the  state  convention  at  Hartford' 
supports  the  federal  constitution,  394* 
Emerson,  William,  minister  at  Concord' 

Massachusetts,  iv.  153,  161,  166. 
Endecott,  John,  character  of,   i    223- 
governor   (1628),    223;    foiader    of 
fealem,    Massachusetts,   223  ;    public 
address  by  (1664),  375. 
England,  first  settlement  in  America  i 
75 ;  condition  of,  favors  colonization^ 
84,  85 ;  takes  strong  interest  in  "Vir- 
ginia, 1 14 ;  engages  in  the  slave-trade, 
125;   reformation  in,  178;   persecu- 
tion m,  peoples  America,  276 ;   first 
Enghsh  troops  in  the  colonies,  469  • 
in  possession  of  the  Atlantic  coast' 
520 ;  relations  to  the  American  colol 
mes,   613;    new  English    nation    in 
America,    613;     mercantile    system, 
colonial  rivalry,  ii.  88,  89;  blockades 
^rench  ports  by  a  decree,  184;  estab- 
lishes a  bank,  184 ;  gains  of,  by  treaty 
of  Utrecht,  210,  211;  claims   as  to 
boundaries  on  the  north-east,   222- 
jealous  of  American   industry,  239' 
2 10 ;  favors  the  islands  over  tlie  main 
land,  243,  244 ;  proposes  tax  on  im- 
ports,   244,   245 ;    slave-trade,    271  ; 
i^pain  and  the  assiento,  280;   plans 
new  colony  south  of  Carolina,  280- 
at  war  with  Spain  to  favor  smuf^t^lers' 
293;   the   convention,   294;   faUure! 
293 ;  struggle  with  France  in  the  East 
Indies,  302 ;  colonial  administration, 

Compotos  with  France  for  the  Ohio 
valley  (1748),    ii.  843;   attempts  to 
nil  America  with  nogrn  slave?.    355 
356 ;  cabinet  troubles!^  357,  358';  dis- 


cussion  with  France  as  to  Ohio  val- 

Ili  fio'  9^'^    *''*'"*y  ^i'^  Russia, 

TiV^f^  .1^^"'"'"°^  ^*^''  "^S^i^^t  J^'rance 
(1756),  450;  successes  of,  498,  499- 

course  adopted  as  to  American  pos' 
sessions,  627,  628;  plans  for  taxin<r 
America,  628,  529;  elections  in,  636" 
peace  with  France,  543,  544 ;  course 
as   to  European    politics,   554-656  • 
new  cabinet,  656 ;  changes  in,  659,' 
660 ;  at  peace  with  France  and  Spain 
662 ;  gains  of  war,  562,  563 ;  plans  to 
subdue  the  colonies,  564;  monarchy 
in  (1763),  limited,  iii.  4;  the  church 
in,  4,  6;   houses  of  lords  and  com- 
mons, position  and  powers,  5-9 ;  great 
writers,  9-11;  judiciary,  11,  12;  sys- 
tern  of  education,  12;  aristocracy  in 
the  towns  and  country,  13,  14;  sub- 
missiveness  of  the  people,   14,   15. 
manufacturing  industries  of,  15   16  • 
national  character  and  spirit,  16*  17  • 
triumvirate  ministry  in,  36 ;   mi'nuto' 
ot  treasury  for  American  stamp-tax, 
55  ;  how  the  ministry  looked  on  colo- 
nial  resistance,  94 ;  military  power  to 
be  supreme  in  America,  99;   stamp- 
tax  thought  to  be  a  success,  105, 106  • 
power  of  the  oligarchy  (1765),  107  • 
the  ministry  prepare  to  execute  the 
stamp-act,  142  ;   takes  possession  of 
Illinois,    151  ;    liberty    of,    sustains 

onfo'if-;  ^^^'^  stamp-act  repealed, 
^00,  207;  reaction  against  the  re- 
peal, 215.  ° 

Course  of  the  king  and  ministry 
toward  the  colonies  (1708),  iii.  298  • 
contrast  with  Spain,  340,  341 ;  the 
Wilkes  affair  in,  845 ;  same  strife  as 
in  America  about  representation,  363  • 
parties  in  (1770),  383,  384 ;  loses  reve- 
nue by  attempts  on   America,  423- 
tiio  ministry  decide  that  America  is' 
m  rebellion  (1774),  466;  parliament 
and  people  agree  with  the  ministry, 
469,  470  ;  ought  then  to  have  offered 
independence  to  the   colonies    iv  4- 
watches  France,  38,  39  ;  seeks  'help  of 
the  red  men,  58  ;  astounded  at  news 
of  Bunker  Hill  battle,  260;  army  in 
America  to  be  largely  increased,  261. 
Question  at  issue  with  America,  iv. 
265 ;  resume  of  course  of  affairs  (1*763 
-1775),  266,  269;  obtains  recruits  in 
Germany  in  spite  of  the  law,  349- 
sends  expedition  under  Parker  against 
the  southern  colonies,  397-409;  unani- 
mous  against  America's  liberty  as  a 
nation,  v.  21,  22 ;  opines  that  Howe 
has    ucaten  the  Americans,  94;   re- 
monstrates with  France,   130;  over- 


!  ", 


'Hlill 


ill; 


V  r 


i 


1*      .^1 


!     .f 


il  :^';. 

H.  1  ilii 

i  ■•iHl 

606 


INDEX. 


bearing  toward  Uolland,   130,  131; 
Germaa  mercenary  troops  employed, 
141,    142  ;    reinforcements    sent   by 
way  of  Quebec,  147 ;  commissioners 
from,  go  to  the  United  States  (1778), 
255  ;  arrival  of,  271  ;  object  in  view, 
and  pretended  offers,  272,  273 ;  final 
manifesto  of,  287  ;  cruisers  of,  violate 
neutral  rights,  3 16,  352 ;  London  and 
other  places  in,  sick  of  the  war  witli 
United  States,  524 ;  change  of  mind 
on  part  of  the  people,  52a,  530,  548 ; 
desires  peace  (1782),  5C3;  demands 
amnesty  and  indemnity  for  loyalists, 
67(5 ;     commercial    regulations    with 
United  States,  vi.  38 ;  excludes  Aiiieri- 
can  shipping  from  Uritish  West  In- 
dies, 48 ;  gives  up  right  to  buy  Ameri- 
can-built  shii)s,   48 ;    regrets   treaty 
with  tlie  United  States  instead  of  with 
the  separate  states,  51;  retains  inte- 
rior American  posts,  62  ;  new  colonial 
system  of,  03  ;  course  of,  as  to  com- 
merce, compels  tlie  states  to  unite, 
111;  unjust  to  the  United  States  in 
retaining  the   posts,  etc.,   150,  151 ; 
hopes  to  profit  by  failure  of  union  of 
the    states,    202;    encroachments   in 
Maine  and  the  West,  463,  -104  ;  con- 
dition of  (1789),  473. 
"^E  pluribus  unum,"  v.  601, 
Enumerated  commodities,  sugar,  tobac- 
co, etc.,  i.  352,  353 ;  molasses  and  rice, 
ii.  82. 
Episcopal  church,  members  of,  banished 
from  Massachusetts,  i,  229;  desires 
to  have  bishops  in  America,  li.  202 ; 
efforts   toward   this   end,   893,  394; 
strife  in  Virginia  as  to  tobacco  indem- 
nity, iii.  65,  CO ;  Johnson  wishes  for 
bishops,  94  ;  course  of  the  clergy  in 
New  York,  iv.  108;  disestablished  in 
Virginia,  v.  123. 
Erie,  Lake,  visited  by  La  Salle,  li.  1G3. 
Erics,  IIuron-Eries  Indians,  destroyed, 
ii.  148,  ■'     ' 

Ernest,  duke  of  Saxony,  v.  233,  2-1 1 ; 
wise  ruler,  refuses  to  hire  out  troop.s. 
234.  '   ' 

Etchemins,   or  Canoemcn    Indians,    ii. 

90, 
Eutaw  Springs,  South  Carolina,  battle 

at  (1781),  v.  603,  504, 
Evertscn,    C,   of    Zealand,   recaptures 
Manhattan  (New  York)  for  the  Dutch 
(1078),  1.  525. 
Ewing,  Colonel,  v.  95. 
Exchange  of  prisoners  during  Revolu- 
tionary War  agreed  on,  v.  9,  10. 
Exeter,  New  Hampshire,  on  the  Pisca- 
taqua,  1.  262, 


P. 


Falls  of  St.  Anthony,  discovery  of  ii. 

Falmouth,  now  Portland,  Maine,  iv  203 
Faneuil  Uall,  Boston,  iii.  327;  "cradle 

of  American  liberty,"  iv.  0,  8  22. 
Fanning,  David,  a  savage  raider  in  the 
South,  V.  653 ;  murders  and  burniuM 
of,  in  North  Carolina,  654. 
Fanning,  Edmund,  character  of,  iii.  232 
233 ;  tax  extortions  of,  302,  303 ;  im! 
peached  and  convicted,  305;  course 
of,  399.  ' 

"Farmer's  Letters,"  force  of,  in".  264 
205  ;  Franklin  reprints  these  in  En'! 
land,  280.  ° 

Faucitt,  Colonel,  in  Germany,  after  mcr- 

cenaries  (1775),  iv.  350-854. 
Fauquier,  governor  of  Virginia,  iii.  120 
Federal  constitution,  first  sti;ps  toward' 
V.  440,  447.     See  Constitution  of  the 
United  States. 
Federal  convention  (1787),  character  of 
elections  to,  vi,  207 ;  opening  of,  in 
May,   208;    Virginia   members    pre- 
pare a  plan,  208 ;  Washington  favors 
new  constitution,  208;   position  and 
character  of  Edmund  Randolph,  208, 
209  ;  Madison's  place  and  importance,' 
21)9,  210;  shall  the  convention  vote 
by  states?  210;  arrival  of  delegates, 
AVashington's  appeal,  210;  Washing. 
ton  chosen  president,  211 ;  Randolph 
opens  the  convention,  212;  proposes 
outline  of  new  constitution,  212-214  • 
excellence  of  his  plan,  214;  Pinck-' 
ney's  plan,  215;  debates  in  commit- 
tee, 215;  national  government,  legis- 
lative,  executive,  judicial,  215 ;  debate 
on  equality  of  suffrage,  210  ;  logisla- 
ture  to  bo  of  two  branches,  210;  ex- 
tent  of  federal    legislative    powers, 
217;  negative  on  state  laws,  coercion 
of   states,    218;    national   executive, 
mode  of  election  and  powers,  one  or 
more,  219;    question  debated,  219, 
220 ;  how  to  be  chosen,  how  removed, 
221 ;  vote  in  favor  of  single  execu- 
tive, 222;    veto  power  of  executive, 
222;    the  judiciary,    223;     appoint- 
ment of  judges,  224 ;  shall  the  house 
of  representatives  be  chosen  by  tlic 
state  or  the  people?  224;  debate  on 
mode    of    choosing   both    branches, 
225;  senate,  how  to  be  chosen,  226; 
equality  of    small    states  defended, 
227;  Connecticut  acts  as  umpire  be- 
tween large  and  small  states,  228; 
larger  states   prevail,   228;   require- 
ment of  oath,  229;  term  and  qualifica- 


i 


i  i 


INDEX. 


tfons  of  representatives,  229  •  terms 

etc  ofse,mor8,2:iO;cndofcoS-' 
teo'a  work,  280 ;  debate  on  the  powers 
of  the  convention,  2;^;i ;    debStc  on 


607 


sovereignty  of  a  "sing  ^^  body  gsS 
Uann  ton's  plan,  2,t,:  ^^^fo^^^c 
,7y^^;;'*\7;  the  Virginia  piC^eJon 

tio,ai  S2  T''i''''?'^^'^'^'""'"" 
„?,  '  ■,  '■'"^  ^'■anchcs  udvoeuted 
and  deeded  on,  242-244  ;  choice  and 
torm  of  senators,  240,  240;  contt"t 

bwoonar,or  and   smalle;  states 
^^0    247;   debate  continues,  dan©.; 

of  dissolution,  247-249;  suffrage^, 
first  branch,  accord  ng  to  population 
tin  ^•'^,  second,  by  states,  240 
260;  equally  divided,  253;  EranJ 
committee  appointed  to  rcpm/com 
promise,  253,254;  report  of  commit: 

8tate,  257;  report,  258;  southern 
n.ajonty,  200;  jealousy  t<  ward  wcs, 

tion  for  RlavcH,  204 ;  taxation  and 
representation,  205;  slaves  to  be 
counted  as  three  fifths,  20G;renre' 
Bcntation  accoidinR  to  numbe;..,  207 • 

sS  o7,  P"''""^'^'  P°-ers  of  the 
bouth,  208;  senate  to  vote  by  states 

269;  distribution  of  powers  between 
general  and  state  governments,  270 
271 ;  relation  of  federal  to  state  le- 

for  nX'  '.'.','  ^'""^.^''y  nualificaticTn 
for  office,  271 ;  qualifications  of  cicc 
tors,  272 ;  jurisdiction  of  federal  tri 

bunals  272;  constitution,  liow?o  be 
ratihed    273;   committee  of  five  an! 

pointed,  274;  industry  of  committee, 
days',  275.'"''''""'°''  '''^J°"™^  ^«''  'en 

.r.,l!*'i'?r^f  ^  committee  of  detail  (An- 
K-stnsUvi.  292;  discussion  as  to 
citizenship,  native-born  preferred, 
-^05;    property  qualifications   urged 

fn*r^'ff'  ^»^iq"alificationskft 
to  the  states  to  determine,  298  •  dis 
cussionof  question  of  representation 
and  slavery,  299,  300 ;  question  ad- 
forf' '  P-'P'^-'^onSy  question, 
qni'        m'   "T"*  opposition,   302- 

305 ;  powers  of  states  as  to  contracts 
f  J  °°  ,«  PO'f  facto  laws,  300  • 
fur  her  debate  on  slavery  and  repre: 
sentation    308.   309;  as  to  fugiSvc 

'SN^T '•'".' r'''"P^-"«f«tate 
ocDts,  311;  junsdiction  over  crimc« 
power  to  subdue  rebellion,  etc.,  311' 
•1'^;  the  army,  navy,  militia,  312 
813;  treason,  314;  commerce  and 
Ekvc-irade,  SM;  debate  on  slave- 
VOL.  VI. — 34 


trade,  316;  question  committed  Slfl. 
compromise  of  committee,  320 ;  powe; 
tore.(ulate  commerce,  323 ;  admission 
of  new  states,  323  ;  power'over  tc  J" 
t«.ry  of  the  United  States,  824  limU 
on  taxation  of  slaves,  325  ' 

Sta teT  t'  'i""'''^?'^'  "^  ^''°  United 
fetatea     to     be     chosen,     vi.     32c  • 

icnuio    o28;    choice   bv   the  pcodIq 
rejected,   328;   by  elect-oral   ciE 

Si«n"'P  °  ""'".''"^  P'"P0«cd,  330 
Madison's  proposition,  330;  different 
plans  proposed,  331 ;  ;„te  f^r  a  S 

dctiil  ?i;    ''''"''.  °^   '-•«»"»i«eo  of 
uuail,  332 ;  coi.imuteo  on  choice  of 
piesidcnt  by  vote  of  the  states  333 
report  of  committee,  835 ;    electoral' 
college,  and  vote  to  be  counted  bvtho 

"^33^3^'''  ''^'"^"'-^^^^^ 
tor  rio  1  •'  ™"""ary  of  the  mat 
tcr,  3.i9;  election  of  vice-president  to 
the  senate,  344 ;  power  of  war  and 
,  peace,  appointments,  etc.,  345 ;  Lali- 
ftcations  of  the  president,  346 -fm 
pcachment  and  trial,  846,  847-   S^ 

power,  848;  organisation  of  courts 
f  9;  3"dKe8  not  removable  by  ad 
dress,  350;  extent  of  judicial  pLer" 
law^'  'stn  "';^  "'-onstitu'tional 
ment's  35'l.?'''  *V:^  ^P^'^^h- 
mcms,    351;    cases    beginning    and 

ris3  efioL"    n;'"'''   '''  '  ^^^''^^^  J- 
risdiction    of    supreme    court     and 

appelate  powers,   351;    met!  od    of 
choosing,   852;    supreme  court  and 
egislative  encroachments,  352  •  prcJ 
cction  against  erroneous  judgment^ 
^Is    "STh  \''^SrosJ,  et'e!!S: 
353;    method   of  consolidating    the 
rnnn"'  KM.^  '  o°^    bankruptcies^  and 
to  h/  ''S'/"'*!  constitution,  how 
to  be  ratihed,  355 ;  another  federal 
convention  proposed,  350  ;  commkteo 
on  final  draft,  856,  357 

Final  draft  of  the  constitution,  vi. 
3.-7  ;  the  names  of  the  thirteen  states 
lef  out  of  the  first  clause,  357;  fed 

mLTf-T'r^^''''-^  motion  for 
b.llof  rights  defeated,  359;  no  title 

for  he  president,  859;  of  Encourag- 
ing home  manufactures,  359  ;  servica 
not  servitude,  869;  power  to  Z 
canals  negatived,  360;  of  a  univer- 

1      1'  f ''''*'*'  °°*  to   trespass  on 
each  0  her's  rights,  SOI  ;  slavery  not 
iccognized  as   legal   condition,  362- 
constitution  ordered  to  be  eng^ssed 
cJOS;  amendment  suggested  by  Wash! 


508 


INDEX. 


h  il 


■<!  ' 


'  ••  i 


I  ■  '  ' 


*     '. 


I 


fit' 


ington  adopted,  866  ;  appeals  of  Ilam- 
ilton  and  Morris  to  sign  the  constitu- 
tion, 366  ;  signed  by  every  state,  867. 
Fellows,  brigade  of,  runs  away,  v.  4d, 

46. 
Kendall,  Josiah,  Lord  Baltimore's  lieu- 
tenant,  i.   174;    convicted    and  pun- 
ished, 437 ;  gives  trouble,  439. 
i'onwick,  John,  loads  colonists  to  New 

Jersey,  i.  046,  647. 
I'orguson,  Captain  P.,  raid  ui)on  Little 
Egg  Harbor,  V.  288;  in  South  Caro- 
lina, 380,  881,  395;  killed  at  King's 
Mountain,  3*J9. 
Kernandez,  F.,  discovers   Yucatan   and 

Bay  of  Cainpcachy,  i.  24. 
Fcrrar,  John,  deputy  treasurer  of  London 

Company,  i.  111. 
Fcrrar,   Nicholas,    counsel    to    London 
Company,  i.  1 1 1 ;  excellent  services  of, 
118,  131,  133. 
Fcrrelo,  B.,  explores  coast  of  the  Pacific 
Ocean  to   near  the  mouth  of  the  Co- 
lumbia river,  j.  37. 
Finances  of  the  United  States,  wretched 
condition  of  (1778),  v.  29i)-294,  439- 
442 ;  plans  and  elforts  of  11.  Morris 
for  improving,  556-568 ;    deplorable 
condition  of  the  treasury  (1782),  561. 
Findlcy,  W.,  in  Pennsylvania  state  con- 
vention,  opposes  the  constitution,  vi. 
388,  889. 
Finland,  emigration  from,  to  Delaware, 

i.  503. 
Finley,  John,  iii.  319,  355. 
Fisher,  Mary,  a  Quaker,  i.  312,  813. 
Fisheries,  at  Newfoundland,  i.  66;   Im- 
portance of,  ii.  178 ;  New  England  to 
be  excluded  from,  iv.   126;    arrange- 
ments as  to,  with  France  (1778),  v. 
244,  246;    Vcrgennes  and  the  Now 
England  view,  320,  321 ;  strife  on  the 
subject,  323 ;  discussion  as  to,  in  con- 
gress, 323,  325  ;  congress  yields,  325  ; 
made  an  ultimatum,  473,  474 ;  final 
settlement  in  favor  of  the    United 
States,  579. 
Fitch,  Thomas,  governor  of  Connecticut, 

iii.  139. 
Fitzgeralti,   Lord   Edward,  wounded  in 

battle  at  Eutaw  Springs,  v.  604. 
Fitzherbcrt,  Aileyne,  British  minister  at 
Paris,  v.  549 ;  with  Oswald  in  settling 
treaty  of  peace,  678,  679. 
Fitzsinimons  of  Pennsylvania,  in  the  first 
congress  (1789),  views  on  protection, 
vi.  468. 
Five  Nations,  the,  i.  683 ;  ii.  1 16 ;  the  Mo- 
hawks, Oneidas,  Onondagas,  Cayugas, 
and  Sonecas.     See  Iroquois. 
Flag,  American,  thirteen  stripes,  Janu- 


ary 1, 1776,  iv.  822  ;  stars  and  stripes, 
v.  154. 

Flag,  British,  first  occasion  of  strikin" 
to  the  Americans,  iv.  184. 

Flags,  neutral,  rights  of,  i.  527. 

Fleming,  Colonel  W.,  at  J'oint  Pleasant 
iv.  87.  • 

Fletcher,  Benjamin,  governor  of  Penn- 
sylvania, ii.  25 ;  governor  of  New 
York,  38-40  ;  goes  to  Hartford.  Con- 
necticut, to  enforce  the  royal  authori- 
ty,  43. 

Fleury,  Cardinal,  ii.  213  ;  averse  to  war 
with  England,  299,  300. 

Fleury,  L.  de,  in  battle  of  the  Brandy- 
wine,  V.  179  ;  promoted,  198,  199. 

Florida,  descried,  i.  22  ;  expedition  of 
Narvaez  to,  and  failure,  27-30;  De 
Soto  oflTers  to  conquer,  38-40 ;  Roraau 
Catholic  missionary  effort  in,  failure, 
60;  Huguenot  expeditions  to,  61-54; 
Molendez  sets  out  to  reconquer,  for 
Spain,  65 ;  French  colony  massacred 
by  Melendcz,  6(5-58 ;  vengeance  of 
De  Gourges,  68,  59 ;  divided  into  East 
and  West,  iii.  62,  64;  dispute  as  to 
civil  and  military  power,  97. 

Florida  Blanca,  Spanish  minister,  v.  135, 
136  ;  strong  words  to  the  British  min' 
ister,  137,  138;  words  to  tlie  French 
ambassador,  245 ;  dreads  indeper  ' 
ence  in  America,  301,  302 ;  dissimu- 
lation of,  306 ;  sends  an  ap.ent  to  Ire- 
land, 341 ;  affrighted  at  the  prospect 
in  America,  536 ;  views  as  to  boun- 
dary of  the  United  States,  vi.  57. 

Floyd,  John,  in  Kentucky,  iv.  195. 

Forbes,  Joseph,  in  command  for  con- 
quest of  Ohio  valley,  ii.  484  ;  expedi- 
tion sets  out,  4;»3 ;  health  of,  breaks 
down,  49.3,  494. 

Fordyce, Captain,  killed  in  battle,  iv.  319. 

Fort  ('arillon,  near  Lake  Champlain,  ii. 
487. 

Fort  Carolina,  on  Port  Roval  Island, 
South  Carolina,  i.  62,  53, 

Fort  Christiana,  on  the  Delaware,  i.  603. 

Fort  Clinton,  in  the  Highlands,  New 
York,  taken  by  the  British,  v.  186; 
abandoned,  195. 

Fort  Constitution,  near  West  Point, 
abandoned,  v.  186. 

Fort  Crevecoeur,  or  Heartbreak,  on  the 
Illinois  river,  ii.  164. 

Fort  Cumberland,  abandoned  by  Dunbar, 
ii.  424,  425 ;  troops  in,  iii.  46. 

Fort  Duquesne  (Pittsburg),  ii.  383 ;  aban- 
doned by  the  French,  495. 

Fort  Edward,  built  by  Lyman  (1756),  ii. 
435  ;  Webb  occupies,  466 ;  St.  Clair 
at,  v.  163. 


i  I 


O'l  ,^r. 


INDEX. 


tars  and  stripes, 


*'°t«k.-fT'r"?     (Kingflton),    Canada, 
tajtea  by  liradstrect  and  destroyed,  ii. 

token  by  the  British,  nms.sucro  at,  v. 

Fort  JcfforBon,  on  the  Ohio,  v.  315 
i-ort   Johnson,  near   Charleston,  South 

Carolina,  iv.  404. 
Fort  Lawrence.     See  Ctiicni^oto 
l-ort  Ic  BoDuf,  at  \Vate.f(rrd;  Washing- 
ton v.sjts  (17m),  ii.  380     taken  by 
the  Indians,  iii.  46  ^ 

^Vm'C^  "'^^  ^'  °^  *^°  «"d8on, 
vZ:   r  '    i*""-""  ^y  ^ornwallis,  81,  82. 
tor    Loudoun    on    the   Tennessee,   ii. 

618  ;  surrenders  to  the  Indians,  621 
Fort  Mereer,  Red  Bank,  New  JerLe^'  v. 

102,  195;  evacuated,  199. 

For!  .r'TS'r'"",  ^y  the  Indians,  iii.  44. 
iort  of  the  Aliami.s,  at  mouth  of  St.  Joi 
seph's  liver,  ii.  163. 

Fort  at  Michiiimocklnac,  taken  by  the 
Indians,  iii.  45.  ^ 

Fort  Montgomery,   in    the    Highlands 
^ew  York,  taken  by  the  BHtish,  v! 

Fort  Moultrie,  near   Charleston,  South 

Carolina,  description  of,  iv.  403 
Fort  Orange,  i.  4U6.     Sec  Albany.' 
i'ort  Ouatanon,  near  Lafayette,  Indiana 
^  taken  by  the  Indians,  iii.  45.  ' 

Fort  Pitt,  summoned  by  the  Indions  iii 
46,  48;  relieved,  49.  '     " 

Fort  Prcsquc  Isle,  taken  by  the  Indians 
III.  46.  ' 

Fort  St.  Andrew's,  Cumberland  Island 
Georgia,  ii.  290,  291.  ' 

Fort  St.  George,  Amelia  Island,  Georgia 

n.  290;  abandoned,  291. 
Fort  St.  Joseph's,  at  moutli  of  St.  Jo- 
seph a  river,  taken  by  the   Indians, 
and  garrison  massacred,  iii.  44 
Fort  Sandusky,  taken  by  Indians,  garri- 
son massacred,  iii.  43,  44. 
Port  Stanwix,  congress  at,  with  Six  Na-  ' 
tions,  iii.  321 ;  garrisoned  by  Colonel 
(xansevoort,  v.  Ifi8. 
Fort  Venango,  with  garrison,  destroyed 

by  Indians,  iii.  45, 
Fort  Washington,  New  York,  v    65- 
movement  against,  by  the  British,  72  ■' 
loss  of,  due  to  rashness  and  interfe"r- 
cnce  of  congress,  80. 
Fort  Wayne,  on  the  Wabash,  iii.  44 
Fort  William  Henry,  Lake  Geoiffo,  New 
York,  expedition   against   (175'?),  ii 
459,   460:    siege  of  and   surrender' 
4t56,  467. 


609 


"'•  (1774),  .„.  466;  goes  into  tho 
opposition,  406,  407 ;  on  tho  Boston 
port  bill,  471 ;  on  taxin.  AmeSli" 

wardllassuchusetts  iv.  11;  opinions 
Of,  66;  reproaches  Lord  North  114. 
able  speech  of  118;  views  of!  132; 
133;  rebukes  North,  282;  retorts  on 
North  as  to  "rebels,"  809;  spirit  of 

JJJn^,"   T'rf'  *'^^^'  ^''^■°'«  the  United 
fetates(1776),v.  63;  speeches  in  par- 
liament,   64;    character   of,   66-68  • 
meets  Franklin  in  Paris,  128  ;  on  wai^ 
against  the  colonies,  144  ;  denounces 
using  the  red  men,  159  ;  urges  settle- 
mentwith  the  Americans  (1778)  225- 
on  treating  with  the  United  States  as 
mdependent,  266,  282 ;  on  Cornwal- 
liss  report  (1781),  405,496;  on  do. 
Inr,i    v^".'"""""'"''  '^''^3;  denounces 
Lord    North,    680,   631;    wishes    to 
quarrel   with    Shelburnc,   626,   637  • 
head  of  foreign  department  of  state.' 
039;  course   pursued  bv,  642.  543* 
agrees    to    armed    neut'rality     644  • 
views  and  course  of,  646,  546  ;  leaves' 
the  ministry,  647;  refuses  Pitt's  of- 
fer,  VI.  88 ;  coalition  with  Lord  North 
.iO  ;  course  on  the  navigation  act.  44' 
45 ;  unfair  offers  to  the  United  States! 
46  ;  advocates  reform,  63 
Fox,  George,  travels  of,  in  North  Caroli- 
na  1. 421-423  ;  in  llarylnnd, 438  ;  ear- 
ly history  of,  630  ;  internal  struggles 
of,  631 ;  preaches  to  the  people,  632, 
033  ;   makes   converts,    634  •   visits 
America,  646  ;  death  of,  673. 
tax,  Henry,  in  parliament,  ii.  409,  412  • 
leaves  the  cabinet,  456  ;  accepts  place 
of  paymaster,  471.  f    f -^^-x^ 

Fox  Indians,  or  Ottogamics,  besicce  De- 

troit,  li.  203  ;  all  cut  off,  203. 
Fox  river,  Jesuit  mission  on,  ii.  162 
i"  ranee,  early  voyages  and  settlem'ents 

^„^T'L"''-^'^7^^'""e""^"°tcoio- 

105,  106 ;  loses  and  regains  Acadia. 
Cape  Breton,  etc.,  219,  220 ;  relations 
ot,  to  American  colonies,  61 3<  mercan- 
tile system  and  colonial  rivalry  with 
England,  ii.  88,  89,  177 ;  disputes  as  to 
boundanes  on  the  lakes,  etc.,  222  223  • 
on  the  Ohio,  224,  225;  declares  war 
against  England,  300;  struggle  with 
England   in   the    East  Indies,   302- 
plans  to  recover  Louisburg.  failure' 
809,  810;  boundary  claimed  by  (1748)' 
837;  competes  with  England  for  the 
Ohio  Tallcy,  343 ;  a  French  brigan- 
tmc  seized,  361  ;  active  in  the  Ohio 


610 


INDEX. 


If? 


wi'ffli    ' 


t  '  t  I  i 


hi 
'I'M- 


valley,  369;  begins  hostilities,  871; 
posts  established  by,  378 ;  success  of, 
885  ;  discussions  with  England  as  to 
possessions  in  the  Ohio  valley,  416, 
416;  seizure  of  ships  denounced  as 
piracy.  440,  441 ;  successful  In  Ohio 
valley,  468 ;  state  of,  under  Louis 
XV.,  476 ;  negotiates  for  pence  with 
England,  637-640 ;  at  peace  with  Eng- 
land, 602. 

Gives  up  Louisiana  to  Spain,  ill.  76 ; 
peasantry,  low  state  of,  Iv.  41,  42 ; 
leans  to  the  American  colonics,  43  ;  h 
not  trusted  by  England,  126, 127;spirit 
In  Paris  as  to  America  and  England 
(1776),  189;  wishes  for  representa- 
tive government,  369 ;  sends  money 
to  aid  the  Americana,  371 ;  unhappy 
condition  of,  371,  372;  retaliates  ou 
England,  v.  20 ;  the  nobility  wish  to 
help  the  United  States  against  Eng- 
land, 20,  21;  sends  ships  to  the  United 
States,  130,  133;  promises  made  to 
England,    133,    134  ;    encouraged  by 
Trussia  to  help  United  States,  241, 
242 ;  at  war  with  England,  249  ;  fleet 
sails  for  America,  266 ;  sends  minis- 
ter to  the  United  States,  253 ;  con- 
trasts with  Spain  in  literature,  etc., 
259,  260 ;  state  and  feeling  of,  264  ; 
contest  in  the  cabinet,  265;  litera- 
ture, finances,  etc.,  267  ;  principle  of 
the  treaties,  268 ;   the  fleet  arrives, 
^84 ;  discussions,  etc.,  as  to  alliance 
and  joint  plans,   320-326;  protects 
rights  of  neutrals,  344;  Paris  eager 
for  peace,  465  ;  congress  yields  to,  as 
to  peace,  472 ;  fleet  of  DoGrasse,  with 
troops,  in  the  Chesapeake,  516;  har- 
monious action  with  the  Americans, 
616,  617;  needs  peace  (1782),  562 ; 
clamor  in,  for  peace,  672 ;  the  French 
troops  leave  the   United  States,  vi. 
31 ;  generous  to  the  United  States, 
120;  offers  perfect  reciprocity  to  the 
United  States,  162;  state  and  pros- 
pects of  (1789),  472,  473. 
Francis,  Colonel  E.,  bravery  and  death 

of,  v.  162,  163. 
Franciscans,   accompany  Champlain,  i. 

21,    See  Catholics,  Roman. 
Frankland,  North  Carolina,  west  of  the 

mountains,  vi.  460. 
Franklin,  Benjamin,  early  life  of,  ii.  268; 
makes  his  way  to  Philadelphia,  2.i9 ; 
plans  a  newspaper,  advocates  schools, 
libraries,  etc.,  259,  260 ;  character  and 
ability,  the  assembly  printer,  259, 260 ; 
principles  of  his  paper,  261 ;  lotteries 
of,  and  volunteer  militia,  304,  305 ; 
plan  for  union  of  the  colonics,  386 ; 


substance  of  plan,  387 ;  advises  colo- 
nizing the  West,  338;  on  Shirley's 
plans,  413, 414  ;  on  taxation  by  parlia- 
ment, 414;  helps  Braddock'a  expedi- 
tion, 420;  on  prowess  of  the  regulars 
426 ;  on  increase  of  colonial  popula! 
tion,  438,  439 ;  activity  and  zeal  of 
448,  446 ;  agent  of  Pennsylvania  in 
England,  401 ;  interview  wiih  (irnn- 
ville,  461;  defends  the  acts  of  the 
Pennsylvania  assembly,  629;  on 
American  independence,  632,  633. 

Wishes  Pennsylvania  to  become  a 
royal  government  (1764),  iii.  91 ;  goes 
as  agent  of  Pennsylvania  to  England 
92 ;  interview  with  Urenvillo,  90  ;  dis! 
couraged,  133 ;  summoned  to  bar  of 
house  of  commons,  201 ;  answers  to 
questions,   201-201;    in  Parii    262  • 
reprints  "  Farmer's  Letters  "  in  Eu"' 
land,  286  ;  agent  of  Massachusetts  To 
lay  complaints  before  the  king,  391 ; 
on  slavery,  412 ;  projects  a  land  com' 
pany  on  the  Ohio,  416  ;  sends  Ilutcii- 
inson's  letters  to  America,  425 ;  great 
influence  of  (1773),  445;  presents  ad- 
dress  for  removal  of  Hutchinson,  459  • 
before  the  privy  council,  460 ;  railed 
at  by   Weddcrburn,  461-463;   un- 
moved as  to   his  course,  463,  461; 
turned  out  of  the  American  post  olTico, 
464  ;  seeks  for  conciliation,  404,  465. 
Opinion  of,  as  to   affairs  (end  of 
1774),  iv.  92,  98 ;  consulted  as  to  de- 
mands for  America,  92-97 ;  interview 
with  Lord  Chatham,  98,  99 ;   in  the 
lobby  of  house  of  lords,  101 ;  advica 
to   Massachusetts,    116;    praised   by 
Chatham,  116 ;  interviewed,  116, 117; 
consulted  as  to  sending  commissioners 
to  America,  127;  disagreement,  128; 
advice  to  Massachusetts,  130;  inter- 
view with  Gamier,  138 ;    talks  with 
Burke,   138;  leaves  for  home,  139; 
sincerity  and  honesty  of,  139,  140; 
arrives  in  Philadelphia,  179 ;  delegate 
to  congress,  179,  190;   opinions  of, 
199;   on  the  battle  of  Bunker  Hill, 
231 ;  plan  for  confederacy  of  the  colo- 
nics, 243,  244 ;  appointed  to  organize 
the  post-office,  246  ;  on  the  committee 
to  visit  Washington  and  the  army, 
262,  263 ;  refuses  legislative  oath  of 
allegiance  to  the  king,  273 ;  labors  for 
the  declaration  of  independence,  316  ; 
on  the  committee  of  secret  correspond- 
ence, 362 ;   answer  to  Howe's  letter 
(1770),  V.  9;  on  committee  to  meet 
Howe,  41,  43;   one  of  the  commis- 
sioners   to    France,   60;    arrives    in 
France,   127  ;    influence  exerted  by, 


I  I 


INDEX. 


127,  128;  meets  Voltaire,  247-  an- 
«wor  to  Ilartloy.  248;   printed  to 
Lou.8  Xyi,   260;    pcrHonal  appear" 
anco  ami  manners  of,  261.  262  ■    a 
popular  favorite  in  France,  262  •  on- 
pomtion  to,  by  Artimr  Leo  "and  liard, 
-i68,  264 ;  minister  to  Franco,  304  • 
on  receiving  instructions  as  to  peace 
negotiations,  020 ;  comnmnication  to 
Shelburnc,   634,   636;    i„   chu.-o  of 
negotiation  for  United  States,  636  • 
intercourrto  with  Oiwald,  637    638- 
bogs  Jny  to  come  to  I'arls,  638;  nrc! 
fere  Oswald  to  Grenville,  640;  meets 

Oswald  547;  discusses temsofiS 
etc.,  witii  United  States,  647  648- 
active  against  Spanish  intriguel  663  ■' 
agrees  to  the  treaty  as  drawn  up  by 
Jay,  670,  671 ;  instructed  to  effect  a 
loan  from  i  ranee  to  the  United  States, 
672;  signs  the  treaty,  580;  share  in 
theworlc,  580,  581.  ""it  in 

Signs  the  definitive  treaty  of  peace, 
^R    il    P'"'-'1l^f"t  of  Pennsylvania 
2^8 '2 19  So  *'-■'*"'■'''  convention,  211 
^18  219,  222 ;  proposes  having  prayer 
at  the  opening  of  the  convention  247  • 
on  proportional  representation.  252  • 
compromise  in  tiic  convention  257 ' 
president  of  the  Pennsylvania  aboU: 
tion  society,  201 ;  on  property  quali- 
fication 296 ;  on  giving  United  Stages 
power  to  cut  canals,  300;  prophecy 
at  close  of  federal  convention,  307  • 
presents  the  constitution  to  the  k-is' 
lature  of  Pennsylvania,  381,  382.  ° 
Franklin  James,  brother  of  Renjamin 
established  New  England  "Coura^l"'' 
(1  iil),  II.  258 ;  government  iiiterfer- 
encc  against,  258,  259. 
Franklin,   William,   son  of  Renjamin 
governor  of  New  Jerscv  (17(i2)    ii 
Sf"'-    231;    obtains- cessions  of 
land  from  the  Six  Nations.  321;  last 
ni'^'f*.  governor    of    New    Jersey 
if       L'7-  f'"^''   infamous   proposal 

Frascr,  JJrJt|,sh  general,  v.  IBs  187- 
wounded,  188;  death  of,  189.  '  ' 

Frederic  of  Prussia,  ii.  312;  bulwark  of 
protestani,.sm,  474,  475;  struLm|es 
against  nearly  all  Europe,  476-481  • 
views  of  638,  640,  603;  course  and 
views  of  (1776-1778),  ;.   236,  252  • 

SL'°.?'°'if."l"''"d«'^«'^''tosub: 
<luo  the  United  States,  237  238- 
views  as  to  trade,  as  to  American 
declaration  of  independence.  238  239- 
v.mt  to,  by  Arthur  Lee,  239,' 240  •' 
criticisms  on  England's  course  toward  i 


6U 


Frtee  t'T'u '^V  "■■'»"K«'nont  with 
irauce  a«  to  the  United  States  241 

wfth  th« '  rr  •?  \  ".""""S  sympathies 
•  I     ,  ?   V""'^'^  ^'a'os,   243;   nuts 
aside  W    Lee's  importunities    fs; 
friendly  toward  England,  644 ;  on  tho 
prospects  of  tho  United  States  (1782) 
v..^66;^^treaty  with  tho  United  ffaS; 

Frcderica,  Georgia,  fort  at  (1730),  11. 

^''ca,  v° 'JSt'ira""''''  "'°  '''•  '"  ^'^''^^ 
"Ffrlr'"  "f^^'"  ^""'"^''J.  »•  316. 

V60  S  ^"''^"°'^''""-'^«'^°o; 

Free  thought  in  Franco,  v.  258 

l-rec  trade  for  America,  iv  70  •  muh.ol 

with  England,  offered,  Vi.  47  ' 

French  settlements  in  America.     See 

trance  and  Canada. 
Friends.    Sec  Qaakers. 
iTobishor,  Martin,  three  voyages  of   to 

tho  polar  regions,  i.  63-05  ' 

Frontenac,  Count  do,  governor  of  New 

I-ranco,n.    00,101;  De  la  DarroBuT 
coeds  him,    08 ;  again  governor,  179 
«cnd3    parties  against    Schenectady 
Sa  mon  Falls,  and  Casco  Hay    I80 1 
liolds  Quebec,  181  ;  commands^'troops' 

Frye,  Colonel  J,  part  of  rc^'lmcnt  of 

goestoBunla.rlIiil,iv.215° 
l-uiler.  Rose,  in  parliament  (1769),  iii 

dJb  ;  opposes  Boston  port  bill  (1774>' 

Fur  trade,  Chauvin's  monopoly  of  is  • 
attempt  at  monopolizing,  211;'  trade 
n  Connecticut,  264;   dispute  of  pa- 

pan7'6SS       "''^  '^'''  ^""^'^  ^^«^' 


G. 


Gadsden,  Christopher,  ii.  616  ;  in  South 
Caiolina  legislature,  iii.  I21  ;  in  con- 
{jross,  149,  160,  I54';  on  South  cSi 
I  na  and  union,  198,  199  ;  on  people's 

rights.  236 ;  in  the  conUnenfal  con! 
gress,  IV  71,  74;  defends  New  En-- 
JancJ,  201  ;  clear  for  independence, 
•     i,  C0"™«nd8   troops,    393,    394- 

r  Jfi    /"'i?'""'  '^'^^5    barbarousi; 
treated   by  Cornwallis,   v.    393-    re 
joicos  at  South  Carolina  ratifying  the 
federal  constitution,  vi.  420 
Gage,  Thomas,  Colonel,  ii.  42l"-423  •  lot- 

inactive,  502 ;  recommends  the  mu! 


I'  I?. 


if  m 


r 


!  ' 


|i1;  ^ .  i. 


« 


512 


INDEX. 


Mi 


W         f, 


•,; 


ii 


J  \  I 


V  M 


\   \      . 


tiny  act  for  America,  ill.  106;  com- 
mander -  in  -  chief  in   America,  148; 
darea  not  fire  on  the  people  in  New 
lork,  J8:J;  ordered  to  Bend  regiment 
and   sliip-of-war    to    lioaton,   289; 
opinion  as  to  Doston  and  ita  doings, 
aiO-312;    learns   some    truth,   811; 
Hcnda  away  troops,  349;  on  people  of 
Illinois,  4U0 ;  taHis  lil<e  ii  bra^'gart, 
4<i6;   made  civil  aa  well  as  military 
Rovernor  of  ila^^aachuaetta,  476 ;  tukea 
four  regiments,  and  directed  to  pun- 
iah  severely,  476;  arrives  in  Boston 
(!774),  iv.  7,  8;  weulj  and  vacillating, 
8 ;  governor  of  Maasachusetts,  20,  21 ; 
intriguca,  26;    proclamation  of,  26; 
rcceivca  the  regulating  oct,  43  ;  char- 
acter of  this  act,  43,  44;  looka  for 
more  troops,   63 ;    hia  council,   64 ; 
seizes  the  powder  of  Massachusctta, 
65 ;  rcquirea  more  troops,  67  ;  wishes 
for  help  from  Canadians  and  Indiana, 
67,  68 ;  fortifies  Boston,  69 ;   uncer- 
tainty of,  67  ;  avoids  meeting  the  as- 
sembly, 68 ;    rci)ort  on  the  state  of 
America,  91;   private  letter  of,  01; 
small  force  of,  94  ;  to  act  offensively, 
ordered   to  seize   forts,   stores,   etc., 
150;  sends  an  expedition  to  Concord 
(April  1775),  162;  breaks  hia  pledj^e 
to  the  inhabitants,  172 ;  martial  law 
in    Massachusetts,    203 ;    proscribes 
Samuel  Adams   and  John   Hancock, 
205  ;  designs  to  occupy  Charlestown, 
214;   anticipated  by  the  Americans, 
orucrs  attack,  217;  reports  to  Lord 
Dartmouth  Bunker  Hill  battle,  231; 
wishes  to  get  to  New  York,    242; 
mean  treatment  of  prisoners,  and  in- 
solence of,  to  Washington,  249;  or- 
ders the  southern  savages  to  be  hired 
at  any  price,  256,  257 ;  recalled,  goes 
to  England,  260,  262. 
Gallatin,  Albert,  at  conference  of  dele- 
gates,      Harrisburg,       Pennsylvania 
(1788),  vi.  465. 
Galloway,  Joseph,  a  royalist,  iii.  91 ; 
elected  to  congress  from  Pennsylvania, 
iv.  33  ;  plan  in  congress  for  president- 
general  over  the  colonics  defeated,  69, 
70;  deserts  the  cause  of  the  United 
Stales,  V.  83. 
Galvez,  Spanish  colonial    minister,   v, 

136;  governor  of  Louisiana,  .341. 
Gama,  Vasco  da,  voyage  to  Hindostan 
by  way  of  the  Cape  of  Good  Hope,  i. 
11,  12;  ii.  88. 
Gansevoort,  Colonel,  at  Fort  Stanwix,  v. 
168;    sally  from  the  fort  successful, 
169  ;  thanked  by  congress,  170. 
Garay,  F.,  governor  of  Jamaica,  sends 


an  expedition  to  explore  the  southern 
coast,  I.  24,  26. 
Gardner,  Thomas,  of  Cambridge,  III,  R4a 
349 ;  words  of  cheer,  437,  438  ;  Bp),  ii 
of,  iv.  47 ;  death  of,  at  Bunker  Hill 
230. 
Gardoqui,  Spanish  envoy  (1785),  ncpotin- 
tions  with  Jay,  vi.  421,  422;  spcciouH 
olrcra  to  the  men  of  Kentucky,  463. 
Gamier,  French  minister   in  England 
note  to  Vergennes,  iv.  IdO  ;  interview 
with  Franklin,  138, 189;  to  Verceuues 
186,  186, 189,  190.  ' 

Garth,  agent  for  South  Ciirolinn,  iii.  90. 
Gaspec,  inaolence  of  conmiander  of  (at 
Newport),  iii.  414;  burned,  416;  af- 
fair pronounced  to  be  worse  than  pi- 
racy, 428;    commissioners    meet   in 
Bhodo  Island  as  to,  but  gain  nothing, 
434. 
Gates,  Horatio,  elected  by  congress  ad- 
jutant-general, with  rank  of  brigadier, 
iv.  234;    enters  on  work,  23i);  ap- 
pointed to  command  in  Canada,  381 ; 
unbecoming   conduct,    v.    15;    letter 
fiom  Charles  Lee,  87  ;  meanly  deserts 
Washington,  95,90;  in  northern  de- 
partment, disputes  with  Schuyler,  140; 
sent  to  Ticondcroga,   149;   demands 
troops,  discourteous  to  Washington, 
149,  160  ;  address  to  the  Six  Nations, 
166,167;  goes  to  Philadelphia,  157; 
supersedes  Schuyler,  173  ;  extra  pow- 
crs  given  by  congress,  173;  number 
of  troops  in  the  northern  army,  181, 
182;  not  on  field  of  battle,  190;  ob- 
tains Burgoyne's  surrender,  190  ;  num- 
ber of  prisoners  taken,  191 ;  improper 
conduct  toward  Washington,  197;  in 
the  "  cabal "  against  Washington,  210, 
211  ;  rupture  with  the  commander-in- 
chief,  212;  denies  charge  of  wishing 
to  supersede  ^Vashington,  216 ;  suc- 
ceeds General  Lincoln  in  the  South, 
384 ;  marches  to  Camden,  South  Caro- 
lina,   386;    defeated   by  Comwallia, 
386-389 ;   rushes  away,  389 ;  super- 
seded by  General  Greene,  477 ;  uses 
Armstrong  at  Newburg,  New  York, 
vi.  71 ;  at  the  meeting  of  the  ofliccrs, 
73,  75;  result  of  the  meeting  (17t>3), 
75. 
Gates,  Sir  Thomas,  relieves  the  colony 
of  Virginia  (1611),  i.  103;  assumes 
the  government,  103,  104 ;  returna  to 
England,  107. 
Gee,  Joshua,  advice   to  the  board  of 

trade,  ii.  241. 
General  court  of  Massachusetts,  i.  243. 

See  Massachusetts. 
George  L,  king  of  England,  ii.  212-214. 


;1i;' 


mm 


INDEX 


re  the  southern 


the  board  of 


°T^i  ";•  '''"8  0'  England,  il.  373 ; 
death  of,  6Xi.  =>       '  •    > 

OeoFKe  III.,  kinq  of  England,  early 
years  11.373,371;  of  age,  456;  torn- 
per  of,  450  ;  proniidca  to  Hupport  Pitt, 
458  ;  gift  to  America,  402  ;  acccsaioa 
to  the  throne,  etc.,  534,  635;  dis- 
likes  Pitfa  course,  536-546;  wants  a 
Btronger  ministrj,  ill.  ci,  62;  asks 
pa  a  aid,  53;  angry  ot  Wilkes,  09- 
Insane  1705),  104;  proposes  rcgcnc; 
loi'  o^/  1>'arrcls  with  the  ministry, 
123-129;  anger  against  the  colonics, 
167 ;  on  modification  of  tho  Btampl 
act,  201  ;  assents  to  its  repeal.  212  • 

governs  at  last,  253-200;  a  politician,' 

^06;   disdains  Chatham,  307;  calls 

for  Lord  North,  307;  resolves  to  tax 

America,  382 ;  qualities  of,  382  383  • 

orders    violation    of    Ma«.sachusetts 

charter    388,  339;  in  hurmony  with 

Louis  XV.,  417,  418;  iuaxorablo  and 

resolute   apjiainst   tho  coloniet<,  438- 

rejects    petitions  of    Massachusetts' 

439;    .scoffs    at    Massachusetts    and 

iranklin,  400-405;   implacable,  and 

bent    on    subduing    America,    465  • 

Bncers   at   tho   opposition,  405;  an-' 

proves   the    Hoston   port   bill,   475- 

eager  to  punish,  476,  477.  ' 

/iJiir''^"''"^   to^^'ii-J    the  colonies 
(17/*),    IV.    5;    approves    two    acts 
against,  11;  appoints  councillors  for 
Massachusetts,    20;    lutorview    with 
Hutchinson,  27;  deluded,  27,  23  ;  dis- 
solves parliament,  07  ;  petition  of  con- 
gi-ess  to,  75,  70  ;  opinion  of,  as  to  New 
iingland's  resistance,  92  ;  forbids  ex- 
porting of  arms,  91 ;  receives  petition 
of  the  colonies,  93  ;   ansjer  against 
Chatham,  lOi ;  elated,  105;  joint  ad- 
dress to  and  reply,  120;  contident  of 
success,  132,  133;  answer  to  city  of 
London,  149;  confident,  151;  refuses 
to  receive  city  of  London's  address 
188;   orders  Indians  to   be  engaged 
against    the    Americans,    188  "l89- 
"  blows  must  decide,"  209 ;  ob-tinate' 
orders  Americans   to  bo  proclaimed 
rebels,  270,  271 ;  resolved  to  rava-e 

274,  275 ;  begs  of  the  empress  of  Rus! 
sia  20,000  mercenaries,  275  ;  failure 
275-279;  final  blow 'which  severs 
American  allegiance,  313;  asks  a 
brigade  from  Hanover,  refused  347  • 
negotiates  with  German  adventurers' 
349  ;  and  with  duke  of  Brunswick! 
3j2;  orders  forces  to  subdue  tho 
southern  colonies,  38". 
Excited    by    the    iaterfcrence    of  i 


613 


Pnmco  (1776)    r.  22;  opens  parli*. 
ment  (November    1778),  and   uriraii 
continuance  of   tho   war,   !i23    224- 
hokla  Lord  North  to  this  course,  226  • 
violently  opposed  to  Lord  Chatham's 
being  at  the  head  of  affairs,  249  260- 
letter  to  North,  254 ;   confessl'on  to 
North,  282;  interview  with  the  min- 
istry,  339 ;  offers  to  Russia  allianco. 
Jol;  friend  of  tho  slave-trade   406- 
obstinate  as  ever,  624 ;  acnulesccs  in 
the  peace  policy,  646,  560 ;  troubled 
in  mind,  670,  676;  anxious  for  pcaco 
with  Louis  XVL,  vi.  38;   hates  tho 
coalition    ministry,   44;    thinks    tho 
Americans  incompetent  to  establish  a 
general  government,  51;  moots  John 
Adams  (1785),  148. 

^TsT'    ^"''*'''    ^""^    "^'"'''''     "•    *^^' 
Georgia,  colony  planted  (1732),  ii.  281 
mt'Z'"'"^  •'.'^I'lwith  tho  Indians! 

284  OHft  '  .  J*"l-?  <=.""Srant8  to, 
284-286;  land  titles  in,  286;  no 
slaves  to  be  introduced,  287;  new 
emigration  to,  287,  288;  forts  built, 
t  1  ^'1!^"'°?  friendly,  291 ;  invaded 
by  the  Spaniards,  298;  failure  of  tho 

o"„?''°"'    ,^".'^;    «''^^°''y    introduced, 
-299;    condition    of   (1764),    391;    a 
royal    province,   391,   392;    favors  a 
congress,  iii.  no;  refuses  the  billet- 
in?,  "qo",^"'*'  ''''"'^  "^'^^   Massachu- 
setts, 331 ;  government  meddles  with. 
403;    spirit    of,    W.    106,    107-    de- 
nounces slavery,  107;  policy  of.' 107  • 
action  of  (1775),  181;  Indians  in  tho 
frontiers  of,  181;  enters  the  confed- 
eracy, making  the  thirteenth,  244  •  re- 
solve against   slavery  and  tho  siavo- 
tradc,   244;    provincial  congress  of. 
391 ;  instructions  to  delegates  to  con- 
gress,    391;    frames   a    constitution, 
elects  governor,  etc.,  392 ;  cxpedltiona 
of  the  enemy  into,  366;   Savannah 
taken  by  the  Rritish,  367 ;  oppression 
and  outrage  by  the  British,  367,  370 
874,  381 ;  slavery  in,  413 ;  laws  as  to 
paper  money,  vi.  172  ;  appoints  dele- 
gates to  the  federal  convention,  201  • 
threatens  to  secede  on  the  slave-trade 
Jssue,  318 ;  legislature  calls  state  con- 
vention, which  ratifies  the  constitu- 
tion  (January  2,  1788),  392. 
Gerard,  C.  A.,  secretary  of  Vergennca, 
meets    American    commissioners,   v. 
129;  presents  offers  of  the  king,  129' 
130;    first    French  minister  to  the 
United  States,  256 ;  received  by  con- 
press,  285  ;  on  Washington,  319,  320- 
mtcrview   with   committee    of   con- 


1  i  i 

1  u 

4    '   >i 

1    : 

* 
1 

,     1 

|i       M 


614 


INDEX. 


i ' 


III 


\1  1! 


Mr; 


gresa,  820-322;    further  discussions 
witli  congress,  323-326. 
Germain  (George  Sackvilie),   supports 
Lord  North's   views,   iii.   474,   475; 
takes  the  American  department,  iv. 
284;    character    contemptible,    284, 
285  ;  abilities  mean,  285,  286 ;  a  mis- 
erable   appointment,   285,   286;    on 
taxing  America,  287;  urges  the  Six 
Nations  to  fight  against  the  Amcri- 
■     cans,  828,  329 ;  declares  it  necessary 
!     to  hire  mercenaries,  357;    angry  at 
delays,  v.  22;  flatters  Howe,  53;  in 
parliament,  54,  55 ;  eager  to  use  the 
savages  against  Americans,  58,  04; 
on  American  victory  at  Trenton,  91) ; 
merciless  spirit,  108;  plans  for  new 
campaign  (1777),  143  ;  instruction  to 
the  Howes,  140,  147;   urges  bloody 
measures,  152,  153;  rejoices  over  In- 
dian massacres,  280,   282;   schemes 
and  hopes,  294,  295 ;  praises  British 
rapacity  and  cruelty  in  America,  392 ; 
exults  In   Cornwallis's   victory,  891, 
892 ;  applauds  the  plot  to  buy  Arnold 
and  others,  427,  428 ;  on  pushing  the 
war  in  Virginia,  513,  514;  loaves  the 
cabinet,  524  ;  as  Lord  Sackvilie,  con- 
demns the  treaty  of  peace,  vi.  40. 
Germans,  emigrate  in  large  numbers, 
ii.  265 ;  in  valley  of  the  Blue  Ridge, 
eager  to  take  up  arms  (1776),  iv.  318. 
Germantown,  British  camp  at,  v.  192, 

193  ;  battle  of,  193-195. 
Germany,  electors,  landgraves,  etc.,  of, 
accustomed  to  hire  out  troops,  iv.  348, 
349 ;  negotiations  with  Faucitt,  350- 
856 ;  judgment  on  the  German  princes, 
858  ;  opposed  to  hiring  out  troops,  v. 
140,    141 ;    course    of,   toward    the 
United  States,  230,  241. 
Gerry,  Elbridge,  of  Marblehead,  Massa- 
chusetts, iii.  419;  in  congress  (1779), 
active,  v.  323,  324 ;  in  th^  fifth  con- 
gress (1785),  joins  King  against  the 
navigation  act,  vi.  145-147;    in  the 
federal    convention,   217,    221,   222, 
223,  229 ;  on  committee's  report,  255, 
250;  on  property  qualifications,  271; 
as  to  ratification  of  the  constitution, 
273  ;  on  qualifications  of  members  of 
congress,  295;  on  state  interference 
with  contracts,  305  ;  on  United  States 
army,  312 ;  on  term  of  the  president's 
office,  etc.,  830,  831,  836,  337;   on 
juries,  358 ;  refuses  io  sign  the  con- 
stitution, 365,  366  ;  conduct  of,  not 
approved  in  Massachusetts,  398. 
Gibault,  and  George  K.  Clark,  at  Vin- 

cennes  (1778),  v.  311,  312. 
Gibbon.  Edward    in  '>arllament  n77S) 


ad  -ises  a  settlement  with  the  Ameri. 
cans.  V.  225  ;  member  of  the  board 
of  trade,  281 ;  friendly  to  Americans, 
287* 

Gibbons,  or  Gibbins,  Lord  Bultimore's 
commission  to,  i.  105. 

Gibson,  bishop  of  London,  on  slavery 
ii.  276.  •'• 

Gilbert,  Sir  Humphrey,  patent  grante.l 
to,  i.  67;  failure  of,  at  first,  67- 
aided  by  W.  Balcigh,  his  8tep.brother| 
67,  68 ;  sails  for  Newfoundland,  and 
takes  possession,  68;  many  mishaps 
of,  68 ;  is  lost  at  sea,  69. 

Gilbert,  Kaleigh,  in  command  of  ship 
with  colonists,  i.  89 ;  enters  the  Ken- 
nebec, 90;  explores  the  coast,  90- 
returns  to  England,  91.  ' 

Gist,  Christopher,  scout  and  explorer, 
ii.  362,  363;  return  of,  and  rcportj 
866.;  guide  of  Washington,  380,  384. 

Gist,  Colonel  Nathaniel,  enlists  Indians, 
v.  222;  with  brigade  at  battle  of 
Camden,  South  Carolina,  387. 

Gladwin,  Major,  at  Detroit,  iii.  42, 43,  47. 

Gloucester,  duke  of,  brother  of  George 
in.,  at  Metz,  iv.  189;  sympathy  of, 
for  America,  189. 

Gloucester,  Massachusetts,  patriotic  spirit 
of,  iii.  427,  455, 

Glover,  the  witch,  "  a  wild  Irish  woman," 
executed,  ii.  52. 

Glover,  John,  colonel  of  regiment  of 
Massachusetts  fishermen,  at  the  re- 
treat from  Long  Island,  v.  34;  at 
Tienton,  with  Washington,  96  ;  on 
condition  of  the  army,  450,  451. 

Glover,  William,  governor  in  North 
Carolina,  ii.  15. 

Godfrey,  Edward,  royal  governor  in 
Maine,  i.  300. 

Godyn,  Samuel,  with  Blomniaert,  pur- 
chases  land  on  the  Delaware  (1629). 
i.  498.  ' 

Goethe,  J.  W.,  the  German  author,  v. 
232,  234. 

Goffe.    Sec  Regicides. 

Gomez,  Stephen,  explores  part  of  coast 
of  North  America,  i.  26;  discovers 
the  Hudson  river,  27. 

Gondomar,  Spanish  ambassador,  i.  117 
130. 

Gonzalez,  A  ,  brought  negro  slaves  into 
Europe,  i.  123. 

Gordon,  William,  v.  150 ;  letter  to,  from 
Washington,  216. 

Gorges,  Sir  Fcrdinando,  and  Sir  J.  Top- 
ham,  send  out  ships  to  plant  colony 
in  Maine,  i.  83;  governor-general  of 
New  Eiiu'land  and  lord  proprietary, 
221,276:  death  of,  2S9. 


governor    in 


INDEX. 


Gorges,  Robert,  son  of  Sir  P.,  appointed 
lieutenant-general  of  New  England,  i. 
216;  claim  of,  purciiased  by  Massa- 
chusetts,  397.  ' 

Gorges,  W.,  nephew  of  Sir  P.,  sent  to 
Mame,  i.  221 ;  short  stay,  221 

Gorham,  N.,of  Massaehusetts,  in  con- 
gress, debate  on  revenue,  etc.,  vi.  63 
69 ;  chair.-nan  of  committee  of  the 
whole  m  the  federal  convention,  215  • 
on  the  committee  of  five,  257-  on 
appomtraent  of  judges,  272 ;  one  of 
f°  °^'"™'"eo  of  detail,  274,  275, 
294,  302 ;  on  juries,  353 ;  in  the  state 
convention  on  the  federal  constitu- 
tion, 3!)6. 

Gorton,  Samuel,  strife  of,  with  Massa- 
chusetts  ecclesiastical  autliorities,  i. 

?n  pI  'f  f  ;  ^^S  ^^^  5  followers  of, 
in  Rhode  Island,  iv.  175 

Gosnold,  Bartholomew,  voyage  to  Amcrl 

rl    lT'll^'^^^''-'^9'«^!f'^vorable 
report  by,  80;  death  of,  92. 
(rower.  Lord,  sneers  at  the  Americans, 
IV.  lOo.  ' 

Grafton,  duke  of,  head  of  northern  de- 
partment, iii.  131 ;  chief  in  the  min- 
istry, 245,  246,  253  ;  visits  Chatham, 
^a5;  prime  minister,  260.  237-  ro 
signs,  367;  begs  Lord  North  to  try 
to  concihate  the  Americans,  iv.  281  ■ 
interview  with  the  king,  281 ;  resigns 
the  privy  seal,  234 ;  again  asks  for 

^  conciliatory  measures,  329. 

(xiund  Bank,  fisheries  on,  importance 
or,  I,  00. 

Grant,  JIajor  James,  rashness  of.  ii 
493,  491;  in  South  Carolina,  ko, 
5.->l  ;  abuses  and  insults  the  Ameri' 
cans,  IV.  117,  118. 

Grant,  General,  with  Howe  on  Lon<r 
Island,  New  York,  v.  29,  31 ;  in  New 
Jersey,  89,  93. 

^'I'laV^kH'''^^  '"  ^^^  ^o''<^'>  office,  V, 

646,  649  ;  letter  of,  to  Franklin,  569 

(rranvillc,  earl  of,  opposes  Pitt,  ii  544' 

(xravos.  Admiral,  iv.  26 ;  succeeds  Ar' 

biithnot,  V.  516  ;  beaten  by  De  Grasse. 

Great   Britain,   how  America   was   es- 

tran^cJ  by  (1763-1774),  iii.  3,  e/..,yy. 
fcico  England  -'■' 


615 


^T'Tlo'"""'"'  ^^'"^^  *'°'°"y  *°  Carolina, 

Green,  Timothy,  publisher  of  the  "Now 
London  Gazette,"  iii.  160 

Greene,  Colonel  Christopher,  of  Rhode 
sland,  V.  195. 

Greene,  N.-ithanacl,  character,  education, 
habits,  IV.  17.-);  starts  for  r-amn  „  = 
captain,   I7O;  general  of  the  Rhode 


Island  troops,  176;  elected  brigadier- 
general  by  congress,  235;  admires 
Washington,  262 ;  in  favor  of  dccla- 
ration  of  independence,  315;  letter 
to  John  Adams,  v.  7;  in  charge  on 
Long  Island,  New  York,  26,  27  ;  falls 
sick,  27;  on  the  retreat  from  Lon' 
Island,  38 ;  at  Port  Lee,  66 ;  too  con" 
fadent,  69,  72;  tries  to  hold  Fort 
Washington,  sends  troops  to  Magaw. 

la    I- '.  ^°^^  °^  ^°^^  ^"0  'o  rashness 
00;  disingenuous  about  it,  80;  nc. 
Iccts  guard  near  Fort  Lee,  and  result 
81 ;  service  at  Trenton,  99  ;  explains 
to  congress  the  needs  of  the  army 
J^48;   m  command  of  left  win**  at 
Gemantown,    193 ;  cause  of  faflure 
at  Germantown,  194,  195;  takes  the 
quartermaster's     department,     219- 
conduct    in    this    department,   219,' 
220 ;  at  the  battle  of  Monmouth,  274 
^77;    sent    to  Rhode    Island,    285- 
good  service  there,   286 ;  resigns  as 
quartermaster,  446  ;  supersedes  Gates 
m  the  South,  477 ;  sharp  retort  to 
Cornvyalhs,  478 ;  cautious  but  spirited 

Tr  -f^'^^T'^  ^^  ^^°''S'i»'«  corps 
at  Gmlford  Court  House,  487;  ea-er 
for  action  against  Cornwailis,  489- 
retreats  before  Cornwailis,  489  490  •' 
watchful  and  prudent,  491 ;  rein- 
/""n^c^^l'^  mistakes  at  the  battle 
ot  Guilford  Court  House,  492-495- 
pursues  Cornwailis,  495;  carries  wa; 
into  South  Carolina,  497,  498;  battle 

atnobkirk'sHill,498,499;atNine. 
ty-bix,  501 ;  withdraws  to  the  north 
among  the  hills  of  the  Santec,  601  '■ 
attacks  the  British  at  Eutaw  Springs! 
603;    result.   603,   504;    returns   to 
heights  of  the  Santeo,  504 ;  rewards      . 
of  service,  604;  opinion  as  to  consti-     ' 
tution  for  the  United  States,  vi.  12 
Greene,  Thomas,  in  iMaryland,  i.  167. 
Grenvillo,    George,   in    parliament,   ii. 
409;  retires  from  office,  442;  in  the 
house  of  commons,  634  ;  in  charge  of 
northern  department,  656 ;    enforces 
navigation   acts,  iii.  34,   35;    prime 
minister,  36,  37;   activitv,  39;   pro- 
tection   policy,    39;     originator    of 
stamp-tax   plan,   65,    66,   58;   urges 
navigation   acts,   69-62;  plan  as  to 
boundaries  of  new  provinces,  62  63  • 
meets   parliament,   and   success,'  64' 
Co  ;    refuses  civil  list   for  America! 
68 ;  meets  opposition  to  stamp-tax. 
70,  71 ;  puts  it  off  for  a  year,  71  • 
otters  to  the  colonies,    71,  72;  first 


I 


Ii: 


i    i 


b'.i'I'iet  of. 


72;    interview   with  colo- 


mal  agents,  73;  advises  submission, 


::'!f 


616 


INDEX. 


m  ■««|     J  ,'! 


»;. 


f;  ?! 


ill 


I  I. 


J  i 


is,  74;  fixed  determination,  Tl; 
meets  colonial  agents,  90 ;  proposes 
stamp. act  in  piirliamcnt,  'J7,  98; 
gives  up,  129;  holds  to  the  suprema- 
cy of  parliament,  105,  100,  109; 
abuses  tlie  Americans,  lVS-180;  de- 
feated, 200,  201  ;  questions  Franklin, 
201-204;  debate  and  result,  20„, 
200 ;  rancor  ajjainst  Pitt,  238  ;  course 
in  the  house,  252-254 ;  out  of  office, 
203,  207;  on  Massachusetts,  323, 
<S27;  on  repeal  of  the  revenue  act, 
345;  death  of  (1770),  390;  colonial 
system  of,  reviewed,  iv.  200-208. 
Grenvillo,  George,  the  younger,  praises 

Lord  Chatham,  v.  247. 
Grenvillc,  Sir  !{.,  in  command  of  fleet 
carrying  out  Raleigh's  colonists,  i.  71 ; 
returns  to  England,  72;   brings  out 
new  colonists,  75. 
Grcnville,  Thomas,  son  of  George,  sent 
by  Fox  to  Paris,  v.  5;i9 ;  intercourse 
with  Fmnklin    and  Vcrgonnes,  Co9, 
540;  diplomatic  efforts  unsuccessful, 
642  ;  complains  to  Fox,  512. 
Grey,  British   general,  attacks  General 
Wayne,  V.  18it;  at  Edge  Hill,  Penn- 
sylvania, 210;  at  New  IJedford,  Jlas- 
sachusetts,  280 ;  slaughters  American 
light-horse,  288. 
Gridlcy,  Jeremiah,  on  writs  of  assistance, 

ii.  540. 
Gridley,  llichard,  engineer  with  Prescott 

at  Breed's  Hill,  iv.  215. 
Griffin,  General,  at  Mount  Holly,  New 
Jersey,   v.    93;    retreats    from  New 
Jersey,  95. 
Grijalva,  explores  coast  of  Yucatan,  i. 

24. 
Grimaldi,  ii.  537 ;  Spanish  minister  for 
foreign  affairs,  favors  war  with  Eng- 
land, iv.  370,  371 ;  dislikes  prospect 
of   American    independence,   v.    21; 
driven  out  of  the  Spanish   ministry, 
135;  meets  Arthin-  Lee,  137. 
Grimke,  of  South  (Carolina,  in  the  state 
convention  on  the  federal  constitution 
(1788),  vi.  419. 
Grotius,  Hugo,  i.  144 ;  opposes  coloniza- 
tion, 491,  492. 
Guercheville,    Jlarchioness    dc,    i.    19; 

colony  of,  and  fate,  105,  100. 
Guilford   Court-House,  North  Carolina, 

battle  at  (1781),  v.  491-495. 
Gunning,  in  Piusaia,  to  hire  twenty  thou- 
sand mercenaries  against  the  Ameri- 
cans, iv.  270  ;  fails  in  this,  277-279. 
Gustavus  Adolphus,  encourages  coloniza- 
tion, i.  501  ;  death  of,  502. 
Guzman,  Nuiio  de,  president  of    New 
Spain,  i.  31. 


Gwinnct,  B.,  delegate  to  congress  (1776') 
iv.  391,  " 

n. 

Habersham,  James,  of  Georgia,  iii.  lis. 

Habersham,  Joseph,  and  o'ther.s,  seize 
royal  magazine  in  Savannah,  (Jcorgia 
(1775),  iv.  181  ;  puts  Wright,  the  gov- 
ernor,  under  guard,  391. 

Hadley,  Massachusetts,  burned  (1C75)  i 
390.  ■ 

Uakluyt,  lUchard,  one  of  the  assi"Ticp3 
of  Raleigh's  proprietary  rights  in  Vir- 
ginia, i.  77 ;  historian  and  advocate 
of  commercial  enterprises,  80,  85. 

Haldimand,  governor  of  Canada,  v.  333 ; 
refuses  to  surrender  the  interior  posts 
to  United  States,  vi.  102;  further 
wrong-doing,  151. 

Hale,  Captain  Nathan,  captured  and  exe- 
cuted as  a  spy  by  Howe,  v.  48  ;  bar- 
barously treated,  48,  49. 

"  Half-way  covenant.  The,"  why  so 
called,  i.  300. 

Halifax,  carl  of,  on  the  rights  of  colo- 
nists, i.  400 ;  head  of  the  board  of 
trade  (1748),  ii.  340;  proposes  plan 
of  union  of  American  colonies,  411; 
resolves  on  stamp-tax,  418;  advises 
taxation  at  the  peace  (1760),  532, 533 ; 
first  lord  of  the  admiralty,  ri50 ;  takes 
the  southern  department,  iii.  54 ;  on 
the  side  of  Bedford,  123,  125. 

Halifax,  town  of,  in  Nova  Scotia,  ii.  346. 

Ilalkct,  Sir  Peter,  in  Braddock's  expe- 
dition, ii.  421 ;  death  of,  423 ;  burial 
honors  of,  490. 

Hall,  Lyman,  delegate  to  congress,  iv. 
192. 

Hallowell,  comptroller  of  customs  at 
Boston,  iii.  29 1 ;  carries  to  London, 
exaggerated  account  of  Boston  disturb- 
ances, 290. 

Hamburg,  city  of,  overtures  to  the  Unit- 
cd  States,  vj.  nO. 

Hamilton,  Alexander,  early  life,  iv.  110, 
111;  pamphlets  by,  and  discussions  in 
the  New  York  press,  111-113;  com- 
mands a  battery,  v.  81 ;  with  Wash- 
ington, 90 ;  secretary  to  Washington, 
143;  on  loss  of  Ticonderoga,  101; 
sent  to  Philadelphia,  180;  sent  to 
Gates  to  demand  troops,  197;  favors 
enlisting  slaves  in  South  Carolina,  309, 
370 ;  views  as  to  national  government, 
447 ;  reasoning  in  favor  of  constitu- 
tion for  the  republic,  448,  449;  eager 
for  active  service,  478 ;  on  elficiont 
government,  508;  favors  a  national 
buuk,  508 ;  as  Iluuteuaut-colouel,  Icadj 


fi;    i      , 


INDEX. 


617 


0  congress,  iv. 


OS  to  the  Unit- 


assault  at  Yorktown,  620,  B21 ;  In 
Albany,  058 ;  appointed  collector  of 
revenues,  snO;  influence  on  leL'islaturc 
of  Now  York,  559  ;  in  congress,  SiU. 
Papers  of,  entitled  "  The  Continent- 
alis  "(781),  vi.  21,  22;  on  national 
debt  and  national  bank,  25  ;  letter  to 


Morris,  2o,   20;  on  regulating  trade, 
^U;    receiver  of  United  States  reve- 
nues,  aO;    elected  to  congress,  31; 
gives  up  claim  to  lilif-pay,  01 ;  report 
on  paying  the  army,  CI  ;  on  position  of 
the  army  unpaid,  6tJ ;    letter  to  Wash- 
ington, 67 ;    opposes  Madison's  plan 
for  revenue,  7!> ;  plan  for  federal  con- 
vention, 7!),  80;  on  defects  of  the  con- 
federation, 99;  letters  to  Greene  and 
Jay,  100  ;  leaves  congress,  loO;  in  the 
federal  convention,  216, 225, 228 ;  plan 
of  government,  and  speech,  235-237  • 
plan,  how  received,  237,  239 ;  on  the 
fate  of  republican  government,  240  • 
further  service  not  material,  200  •  on 
qual-ricationsformembersofcongres'i 
295 ;  against  paper  money,  301 ;   oii 
connection  of  the  president  and  sen- 
ate, 338 ;  on  the  president's  appoint- 
ments to  oflicc,  343,  346;  on  increas- 
ing the  number  of  the  house  of  ren-  ■ 
rcsentativcs,  354,  355 ;  motion  as  to  i 
ratifying  the  constitution,  355  ;  final 
work  of  the  convention,  366 ;  advo- 
cates  a  revenue  tariflP,  463 ;    in  New  ! 
York  state  convention,  sets  forth  hid 
opinions,    457;     in    debate    against  '■ 
bmith  s  motion,  urges  ratification  of 
the  constitution,  459,  460  ;  course  in 
regard  to  New  York  federal  elections. 
407.  ' 

Hamilton,  Andrew,  governor  of  West 
Now  Jersey,  ii.  32;  able  advocate, 

Hamilton,  lieutenant-governor  for  De- 
troit, iv.  148 ;  writes  to  Lord  Germain, 
V.  58 ;  sends  Indians  to  ravage,  168 ; 
sends  out  more  for  same  purpose,  310  ' 
against  Fort  Vincennes,  312;  can' 
tured  by  G.  R.  Clark,  313,  314. 

Hamilton,  William,  chairman  of  commit- 
tee  of  inspection,  Philadelphia,  iv.421 

Hamilton,  W.  G.,  colleague  of  Halifax" 
II.  530.  ' 

Hampden  and  Cromwell,  rumor  of  emi- 
gration of,  to  America,  i.  277. 

Hampton,  Virginia,  defended  against 
Dunmorc,  iv.  317. 

Hanbury,  John,  and  associates,  grant  of 
land  to,  on  the  Ohio,  ii.  343. 

Hancock,  John,  in  Massachusetts  assem- 
biy,  iii,  317 ;  ioius  «amuol  Adams  and 
others,  375,  377 ;  on  Hutchinson's  let- 


ters 440  ;  speech  of,  468 ;  how  treated 
by  Gage,  iv.  47 ;   president  of  con- 
gress,  200;  first  signer  of  the  decla- 
ration  of  independence,  v.  75-  jnac 
tive,  608 ;  governor  of  Massachusetts. 
660 ;  commends  Washington's  advice 
VI.  93 ;  judicious  course  in  regard  to 
the  federal  constitution,  395 ;  chair- 
man  of  the  state  convention,  402  403  • 
recommends  amendment.-*,  403  ;'  puts 
the  question,  and  result,  405,  406 
Hand,  of  Pennsylvania,  riflemen  of.  v 
104  ?07^^'  ^'^'    '"'*•'   Washington, 

Hansford,  Thomas,  executed  in  Virginia. 
1.  407.  ' 

Hardwickc,  Lord  (Philip  Yorke),  on  tax- 
ing  the  colonics,  ii.  338 ;  lord  chanccl- 
I      lor,  places  military  above  civil  power 
I      in  the  colonies,  447;  joins  Newcastle 
and  others  against  Pitt,  543. 
Hardy    Sir  Charles,  governor  of  New 
,       rork    11.  443 ;  governor  of  New  Jer- 
sey, dismissed,  557. 
Haiiot,  Thomas,  accompanies  Ralcinh's 
colony  to  North  Carolina,  i.  71;  ob- 
Bcrvations  and  testimony,  72,  76 
Harnett,  Cornelius,  iv.  200,  390,  436 
Harrison,  Benjamin,  in  first  American 
congress,   iv.    -63;    opposes    Henry's 
resolution,  145;    on  the  articles  of 
confederation,  v.  12;  interview  with 
Walcott   on  exchange  of  prisoners, 
M5,  140;   letter  of  Washington  to 
208;  governor  of  Vir-inia,  Washinc! 
ton  s  appeal  to,  vi.  70  •  objects  to  the 
new  constitution,  370. 
Harrod.  James,  in  Kcntuclcv,  iv.  195 
Harrod,  Captain  W.,  v.  31(). 
Hartford,  Connecticut,  settlement  of   i 
264;   Dutch   fort  at,  590;   comes  to 
the  help  of  Boston,  iv.  28 ;  convention 
of  New  England  and  New  York  held 
jn   (1780),   vi.    12,    13;   action,   etc., 
taken,  13,   14;   state  convention   on 
federal  constitution  meets  in  (1788), 

Hartley  of  Pennsylvania,  in  first  con- 
gress (1789),  views  on  protection,  vi. 

Hartley,  David,  in  parliament,  on  hiring 
mercenaries,  iv.  857;  goes  to  Paris, 
V.  144;  sends  North's  propositions  to 
Iranklin,  248;  visits  Kranklin  in 
laris,  256;  sent  to  Paris  by  Fox,  vi. 
45  46;  meets  Jay,  49;  signs  the 
definitive  treaty,  62. 

Harvard  college,  Massachusetts,  found- 
ed, 1.  280;  a  favorite,  31 «. 

Harvey,  John,  governor  of  Virginia,  i. 
136;  character  and  conduct  of,  137- 


:i'  i 


1 


618 


INDEX. 


\l    I  I, 


J,  I 


m.i  i'H 


III 


r 

1 

F' 

i  li ' 

t  ^ '  ! 

ill 

H'i 

I'  ^  ilff  ^ 


ii  •  I 


goes  to  En:;land,  1S8;  returns  with 
new   commissiou,    139;    superseded, 
139. 
Harvey,  John,  on  committee  of  congress 

to  visit  Washington,  v.  217. 
Haslet,  Colonel,  at  White  Plains,  v.  H ; 

killed  at  Princeton,  106. 
Havana,  taken  by  the  English,  ii.  658, 

659. 
Haverhill,  Massachusetts,  massacre  at, 

ii.  197. 
Hawkins,  Sir  John,  slave  merchant,  i. 
64 ;  the  first  to  interest  England  in 
the  slave-trade,  125, 
Hawley,  Joseph,  character  of,  iii.  233, 
231;    action    of,    285,    239;    in   the 
Massachusetts  assembly,  432 ;  agrees 
with  S.  Adams,  444 ;  opinions  of,  iv. 
48;    brave    words,    61;    "wo    must 
fight,"  77 ;  advice  to  t?amuel  Adams, 
272;   letter  to  Elbridge  Gerry,  428, 
429;  on  profession  of  faith  and  civil 
court,  vi.  ir)5. 
Hawley,  William,  governor  of  Carolina, 

i.  409. 
Hayes,  Colonel,  murdered  by  Cunning- 
ham, V.  479. 
Hayley,  of  London,  iv.  114. 
Uayne,  Isaac,  unrighteously  hanged  by 

Lord  Uawdon,  v.  502,  503. 
Haynes,  Josiah,  octogenarian,  at  battle 

of  Concord,  iv.  162^ 
Hayti,  negro  slaves  first  brought  into,  i. 

125. 
Heath,  Sir  Robert,  patent  of,  for  Caro- 
lina, i.  403. 
Heath,  William,  General,  at  retreat  of 
the  British   from   Concord,  iv.  164, 
165;  elected  brigadier-general,  235; 
sent  by  Washington  with  troops  to 
New  York,  330 ;  with  Washington,  v. 
44,    71;    refuses    Lee's  demand  for 
troops,  vi.  86;  Washington's  orders 
to,  102 ;  in  state  convention  of  Mas- 
sacHusetts    on   federal   constitution. 
896. 
Hcemskerk,  Jacob  van  (1595),  i.  479. 
Heinsius,  grand  pensionary  of  Holland, 

ii.  193. 
Heister,  general  of  Hessian  mercenaries, 

iv.  355. 
Hemp  and  naval   stores,  boimties  on 
(1728),  ii.  241;  bounties  on  hemp  and 
flax  offered  to  the  colonics  by  Grcn- 
ville  (1764),  iii.  71. 
Hendrickson,  C.,  explores  bay  and  rivers 

of  Delaware,  i.  491. 
Henley,  Thomas,  excellent  officer,  killed 

in  battle,  v.  49, 
Hennepin,  Louis,  a  Franciscan,  with  La 
Salic,  ii.  163 ;  at  the  Falls  of  St.  An- 


thony, 164,  166;   in  English  service 
(1698),  189;    untruthful  and  imnu- 
dent,  189. 
Henrico,  Virginia,  founded,  i.  104, 
Henry  VHL,  king  of  England,  voyages 
in  reign  of,  i.  60,  61 ;  resists  the  pope 
179,  180.  ^  ' 

Henry,  Patrick,  early  life    of,  iii.  66; 
speech  of,  on  trial  for  damages  to  the 
clergy,  66,  67;  elected  burgess,  110; 
patriotic  rcsolutfims,  110, 112;  speech 
in  debate.  111,  112;  on  slavery,  412; 
influence  of  (1774),  iv.  16 ;  eloquence 
of,  35 ;  speech  in  congress,  62,  63  • 
opposes  Galloway's  plan,  70 ;  predicts 
war,  77 ;  opinion  as  to  Washington's 
ability,  78  ;  proposes  measures  of  de- 
fence, 144,  145 ;  powerful  speech  of, 
145 ;  march  of  volunteers  under,  1V9 ; 
triumph  of,  sent  to  congress,  180, 190 ; 
on  the  death  of  Warren,  234 ;  elected' 
to  command  troops,  254  ;  in  civil  life 
again,  336;  in  the  Virginia  conven- 
tion, 416;  elected  governor  of  Vir- 
ginia, 428 ;  firm  friend  to  Washing, 
ton,  v.  215;  in  the  Virginia  legisla- 
ture (1783),  vi.  95,  96 ;  wishes  to  in- 
crea.se  the  power  of  congress,  121; 
proposes  legal  support  of  Christian- 
ity,   156,   157;   opposed  to  the  new 
constitution,  376,  377,  378 ;  favors  a 
southern  confederacy,  410;  in  state 
convention,  leads  opposition  to  federal 
constitution,  426;  persistent  contest, 
426-435;    acquiesces  in  the  result, 
435,  430 ;  course  as  to  election  of 
United  States  senators,  etc,,  465. 
Herbert,  George,  the  poet,  quoted,  i.  114. 
Herder,  J.  G.,  German  author,  v.  231. 
Herkimer,  General  N.,  iv.  311,  312;  in 
the  battle  near  Fort  Stanwix,  v.  168- 
170;   dies  of  a  wound,   170;   Klop- 
stock  on,  231,  232. 
Hcrtel  de  Rouvillo,  burns  Falmon  Falls 
Village,  ii.   180;   also  Deerfleld  and 
Haverhill,  195,  197. 
Hervey,  Lieutenant,  death  in  battle,  v, 

183,  184, 
Hesse,  landgrave  of,  character  and  prin- 
ciples of,  iv.  .S62,  353,  358 ;  large  ex- 
tortion from  English  negotiator,  353, 
354 ;  number  of  men  furnished,  364 ; 
embarkation  delayed,  355 ;  country  de- 
pleted, wretched  landgrave,  368  ;  with 
other  states  hires  out  troops  to  Eng- 
land, v,  222,  223. 
Hessians,  arrive  in  New  York,  v.  27 ;  in 
battle,  31,  32;  on  service,  81,  89; 
ravages  of,  in  New  Jersey,  SO ;  surren- 
der of,  at  Trenton,  90 ;  more  raised 
for  service  against  the  United  States, 


INDEX. 


519 


189,  140 ;  Heasian  yagers  cut  up,  154 ; 
more  arrive  in  Canada,  222;  pillage 
Fairfield,  etc.,  Connecticut,  v.  830- 
share  in  spoils  of  the  South,   378,' 

Ilewes,  Joseph,  iv.  258. 

Higginson,  Francis,  emigi-atlon  with,  i. 
227  ;  death  of,  238. 

Highlanders,  in  the  Mohawk  valley  dis- 
armed, i  v.  31 1,  si  2.  ■^' 

"da^ir200'  ""'^^  ^^alker  against  Cana- 
Hillaborough,  earl  of,  at  head  of  board 
0  trade,  lu.  64 ;  conduct  of,  231 ;  colo- 
nlal  secretary,  207;  interview  with 
Johnson  of  Connecticut,  268  -  271  • 
duplicity  of,  296;  obstinate  against 
the  colonies,  326,  330;  presses  abro- 
gation of  Massachusetts  charter,  388  • 
arrogant,  meddles  with  tax  bill  in  MasI 
sachusetts,  407;  with  assembly  in 
Georgia,  408 ;  with  judiciary  in  South 
Oarolma,  408;  retires  in  anger,  410- 
on  American  "vipers  and  rebels."  v.' 
246.  ' 

Hillsborough,  North  Carolina,  conven- 
tion at,  action  of,  iv.  259. 

Hinckley,    Thomas,  governor  of    Plv. 
mouth,  i.  600.  ^ 

Hingham,  Massachusetts,  trouble  in   i. 
303 ;  cause  of,  and  result,  304,       ' 

History,  and  law  of  progress,  ii    208 
823 '324''*^''°"^  of  human  progress,' 

Hobart    gloss,  of  New  York,  on  dis- 
tranchismg  negroes,  vi.  291 ;  in  state 
convention  on  the  federal  constitution 
466.  ' 

Hobkirk's  Hill,  battle  at  (1781),  v.  498, 

Holderncsao,  earl  of,  succeeds  duke  of 
Bedford,  11.  368,  535. 

Holland,    commercial    greatness  of,   I 
144,  145 ;  Holland  and  union,  in  the 
sixteenth  century,  475  ;    the  United 
Netherlands,  476,  477;  enterprise  on 
eea,  477-479;  political  strife  in,  491  • 
colonization  opposed  by,  491    492' 
establishes  neutral  flags,  627'-  mer- 
cantile system  of,  ii.  88  ;  menaced  by 
England  (1775),   iv.  129,  130;   Eng- 
;^22.^x    overbearing    course    toward 
(1777),  v.  130,  131;  badly  treated  by 
England,  228-230;  merchant  fleet  of, 
fired  on  by  English  ships,  352;  at- 
tacked and  pillaged  by  England,  862- 
865 ;  overtures  for  treaty  with  United 
States  (1783),  vi.  67;  financial  cflforts 
of  John  Adams  in,  120. 

Hollis,  Thomas,  on  tlin  wUiInm  nr^A  -niii» 

01  the  IJostonians.  iii.  322. 


Hood,  Samuel,  English  naval  command- 
er m.  291,. 313,  360;  sent  by  Rodney 
with  ships  to  the  Chesapeake,  v 
617.  ' 

Hooker,  Thomas,  ability  and  character 
of,  I.  245,  246 ;  leads  colony  to  Con- 
necticut, 265 ;  dlHers  with  Winthrop, 

Hooper,  William,  advocates  Franklin's 
plan  of  confederacy,  iv.  260 ;  in  con- 
gress, 316;  on  the  articles  of  confed- 
eration, V.  12;  on  Washington's  mer- 
Its,  110. 

Hopkins  Samuel,  of  Newport,  Rhode 
J^laiid,  ni.  418;  views  on  slavery,  etc., 

Hopkins  Stephen,  governor  of  Rhode 
Islund.ia.gi,  110;  chief  justice  (1773) 
brave  course  of,  434 ;  member  of  the 
nrst  American  congress,  iv.  61;  on 
tlio  articles  of  confederation,  v.  14. 
Uore,  of  London,  expedition  of,  to  the 

North-west  (1536),  i.  61. 
Horsmanden,  chief  justice  of  New  York 
ui.  434.  ' 

Horry,  Peter,  and  his  riflemen,  in  battle 

at  bon  Moultrie,  iv.  403,  410 
liotham.  Admiral,  with  fleet,  at  New 

I  ork,  V.  44. 
Houston,  William,  of  Georgia,  in  con- 
grcss,  prediction  of,  v.  382;  in  the 
tcderal  convention,  vi.  327,  329, 
Houtman,  Cornelius,  and  north-east  pas- 

sage  to  India  (1595),  i.  479. 
Howard  of  E/Bngham,  governor  of  Vir- 

ginia,  i.  471,  473. 
Howard,  Colonel,  at  battle  of  the  Cow- 
pens,  V.  482,  483. 
Howard,  M.,  chief  justice  of  North  Caro- 

hna,  lii.  302. 
Howe,  Lord  E.  S.,  high  character  of,  ii., 
484 ;  with  Wolfe  against  Louisburg, 
487 ;  death  in  a  skirmish,  488 ;  hon- 
ora  to,  by  Massachusetts,  488. 
Howe,  Richard,  Earl,  chosen  to  act  as 
pacificator  (1774),  iv.  97;  appointed 
admiral,  128 ;  one  of  the  commission- 
ers to  America,  charged  with  concilia- 
tory  powers,  341 ;  character,  expecta- 
tion, powers,  V.  6,  7 ;  conciliatory  let- 
ters to  Americans,  7;  letter  to  Frank- 
Iin,  9 ;  proposes  his  plan  again  ( 1 7'?6 ), 
27;  uses  Sullivan  as  a  go-between' 
39,   40;   joint  declaration  with  his' 
brother,  47,  48 ;    refuses  to  employ 
savages  in  warfare,  152, 153 ;  fleet  of, 
in  the  Delaware,  196 ;  ships  lost,  196. 
lu  / ;  oonibards  the  fort  on  Mud  Island, 
198;  fleet  of,  wrecked  in  a  storm  off 


620 


INDEX. 


111. 


Hti 


1 1- 


h'-l 


I  : 


n 


f^iliii 


Rhode  Islnnd,   285,   286 ;   gives  up 
command,  leaves  America,  2S6. 
Howe,   Robert,   of  North  Carolina,  in 
Norfolk,   Virginia,   iv.  320;   planta- 
tion of,  destroyed  by  Cornwallis,  898 ; 
expedition  of,  against  St.  Augustine, 
V.  366;  loses  Savannah,  367;  super- 
aeded  by  General  Lincoln,  367. 
Howe,   William,    brother   of    Richard, 
with  Wolfe  at  Quebec,  ii.  603,  609 ; 
selected   for  colonial  commander-in- 
chief,  iv.  96,  97 ;  appointed  general 
of  the  troops,  128 ;  arrives  in  Bos- 
ton, 193,  2(J4;  in  command  at  battle 
of    Bunker    Ilill,    218;    number  of 
forces,  222  ;  first  attack,  223 ;  con- 
duct of,  in  battle,  229 ;  supersedes 
Gage,  260 ;  one  of  the  commissioners 
to  America,  341 ;  plan  of  attack  on 
Lono;    Island,    New    York,    v.    29  ; 
character  of,  34,  35 ;   report  of,   as 
to  events  on  Long  Island,  39 ;  calls 
for  more  troops,  55 ;  tries  to  gain 
Washington's  rear,  69 ;  cautious  ad- 
vance toward  White  Pl.iins,  71,  72; 
attack  on  Chatterton  Hill,  73 ;  car- 
ries it,  74 ;  retires  from  Washington's 
front,  75  ;  proclamation  in  New  Jcr- 
scy,  83 ;  divides  his  forces,  84 ;  sup- 
poses the  Americans  to  be  beaten  en- 
tirely, 89 ;   asks  for  reinforcements, 
147  ;  plan  of  campaign,  147  ;  letter 
to  Carlcton,  147 ;  expedition  against 
Philadelphia,  strength  of  force,  175; 
at  battle  of  the  Brandywine,  177- 
179 ;   crosses  the  Schuylkill,  enters 
Philadelphia,   181  ;   at  Germantown, 
192,  193;   orders  troops  from  Clin- 
ton,   195 ;    orders    assault    on    Red 
Bank,  New   Jersey,  196;   complains 
of    Germain,   and   resigns  his  com- 
mand, 197;  goes  out  to  meet  Wash- 
ington, goes  back  again,  210  ;  troops 
of,  in  Philadelphia,  enjoy  themselves, 
217,  218;  festival  in  honor  of,  269, 
270 ;   attempts  to  catch   Lafayette's 
force,  270 ;  throws  up  his  command, 
271 ;  view  of,  as  to  ultimate  success 
in  America,  282. 

Howe,  Captain,  takes  two  French  ships, 
ii.  419,  420, 

Hubbardton,  New  York,  battle  at,  v. 
162. 

Huck,  a  British  captain,  v.  381,  382. 

Huddy,  Lieutenant  J.,  hanged  by  the 
loyalists  in  New  Jersey,  v.  555. 

Hudson,  Henry,  early  voyages,  I.  481, 
482;  at  Newfoundland,  and  on  the 
coast  of  America,  482;  enters  New 
York  harbor,  483  ;  sails  up  the  river 
as  far  as  Hudson,  4S3,  484 ;  inter- 


course with  the  Indians,  484 ;  sails 
for  Holland,  487;  last  voyage,  and 
fate  of,  487,  488. 

Hudson's  Buy,  regions  on,  given  to 
Prince  Rupert,  i.  306;  belongs  to 
England  by  treaty  of  Utrecht,  ii.  211. 

Hudson  river,  discovered  by  Gomez,  i 
26. 

Hudson's  straits,  i.  64,  4S8. 

Hughes,  Hugh,  assistant  quartermaster- 
general,  V.  36. 

Huguenots,  in  Canada,  i.  19;  in  Florida, 
51-44;  valuable  colonists  in  South 
Carolina,  432-434;  enfranchised,  ii 
10,  12. 

Human  race,  unity  of,  etc.,  ii.  821-324. 

Hume,  DavJd,  on  the  Puritans,  i.  198; 
■)rophecy  of,  ii.  889 ;  on  Gage's  in- 
capacity, iv.  128;  views  on  govern- 
ment,  289;  teachings  of,  etc.,  378; 
opposed  to  war  with  United  States,  v 
22. 

Humphrey,  John,  with  Endeeott  and 
others,  in  New  England,  i.  223. 

Hunt,  Rev.  R.,  with  John  Smith  in  Vir- 
ginia,  i.  86. 

Hunter,  James,  leads  the  "  regulators," 
iii.  400,  401. 

Hunter,  Robert,  governor  of  New  York, 
character  of,  and  struggle  with  the 
colonial  assembly,  ii.  44-46. 

Huntington,  Samuel,  governor  of  Con- 
necticut, address  to  the  legislature,  vi. 
201 ;  friend  to  the  new  constitution, 
893, 

Hurons,  Indians,  destruction  of,  by  the 
Iroquois,  i.  584  ;  Jesuit  missions 
among,  ii.  189-142;  destruction  of, 
completed,  148;  remnant  of,  186. 

Husbands,  Herman,  iii.  232 ;  how  treat- 
ed by  the  tax  extortioners  in  North 
Carolina,  304,  805;  elected  a  repre- 
sentative, 896 ;  expelled  and  imprls- 
oned,  395 ;  released,  398. 

Iluske,  E.,  on  taxation  by  parliament, 
ii.  418;  in  parliament,  on  the  same, 
iii.  65. 

Hutcheson,  F.,  on  the  right  of  the  colo- 
nies to  independence,  ii.  418. 

Hutchinson,  Anne,  character  and  ability 
of,  i,  260 ;  exiled  from  Massachusetts, 
262 ;  death  of,  204,  505. 

Hutchinson,  Thomas,  speaker  of  Massa- 
chusetts assembly,  at  Albany  (1748), 
ii.  334,  335 ;  lieutenant-governor  and 
chief  justice,  631,  532,  546;  course 
of,  648,  549 ;  holds  a  number  of  of- 
fitji^s,  553  ;  argument  for  immunities 
of  the  colonies,  iii.  83,  84  ;  cowardly 
course  of,  84,  85  ;  History  of  Massa- 
chusetts by,  95  ;  course  as  to  stamp- 


1  ' 


INDEX. 


521 


[uartcrmastcr. 


tax,  103,  110;  chief  justice,  133; 
much  frightened,  138 ;  not  re-elected, 
-«I8;  usurps  a  seat  in  the  council. 
239;  pensioned,  271;  address  to  liio 
grand  jury,  JTB;  letter  to  duke  of 
Orafton,  282;  not  re-elected,  2'  <■  to 
be  governor  of  Massachusetts.  289- 
wily  course  of,  332,  333.  ' 

Succeeds  Bernard  as  governor,  Hi. 
351,  367  ;  character  of,  and  conduct, 
So7-di)9;  governor  and  trader,  361  • 
prorogues    the    assembly,    308;     in 
trouble    with    the    merchants,   369- 
citizens  demand  of  him  removal  of 
troops,  373 ;  yields  to  demand,  378  • 
censurrl  by  the  assembly  as  to  nre- 
rogatn,.,  379,      sO;    obeys  order  in 
council  and  delivers  up  colonial  fort- 
ress  to  the   nulitary,  389 ;   malicious 
aclvice    as    u,    Massachusetts,    390- 
thanksgiving  proclamation  of,  minis-' 
tors  ref'    ^  to  read,  407 ;  mean  course 
of,  407 ,  brings  the  assembly  to  IJo^- 
ton    415;    opposes    town  -  meetings, 
420 ;    secret    lottei      of,   1 24     425  • 
urges   abrogation    of    Rhode 'island 
charter,  428;    artful   spoecli  to  the 
assembly,  430;  result,  ■132-434-  ad- 
VHC3    coercion,  43G;   is    unmasked, 
439;  removal  of,  asked  for,  441  •  do. 
jection  and  mea-  -less  of,  442;  advice 
to  the  government,  452;  refuses  pass 
to  tea-ship  to  go    back,  453,    454- 
opinion   against,    in    England,    461- 
burnt  in  effigy  (1774),  iv.  10;  address 
of  Boston  merchants  to,  13;  goes  to 
England,  19 ;  sees  the  king,  27 ;  re- 
warded, 27;  is  sure  diat  coercion  will 
prevail  (1775),  149;  sinks  into  insig- 
nidcance,  185. 
Hyde,  Edward,   Lord   Clarendon.    See 

Clarendon. 
Hyde,  Edward,  grandson  of  Clarendon 
sent  to  Carolina  as  governor,  ii.  15- 
as  Lord  Cornbury,  governor  of  New 
Jersey,  83.  See  Cornbury,  Lord. 
Hyde,  Sir  Laurens,  claims  rights  of  Vir- 
ginia charter,  i.  116. 


I. 

Iberville,  Lemoinc,  in  south-west  of 
America,  ii.  187;  purposes  to  reach 
the  Mis^siasippi  from  the  sea,  187- 
with  his  brother  Bienville,  188 ;  sue' 
cess  of  the  expedition,  188,  189-  En", 
hsh  interference  with,  189;  goes  To 
France,  189;  returns,  builds  forts 
explores  western  Louisiana,  189,  190  • 
death  of,  191.  '        ' 


Iceland,  I.  9. 

Illinois,  ii.  163-166 ;  held  by  the  French. 
186;   colonization  urged  (176C),  iii 

V\  f''.^.?'  "*    °^'    ^^^'^     course 
adopted,  409 ;  action  of  (1773,  1774) 

447;  Clark's  expedition  to,  v.  810- 
313. 

Illinois  Indians,  ii.  151,  156,  158-  vil. 
lage  of,  massacred  by  the  Iroquois 
165,  166;  nearly  destroyed,  iii.  353  ' 
Illinois  liver,  ii.  158;  La  Salle  on,  163 
164.     For  Clark's  expedition  (1778) 
I      see  Clark,  George  R.  ' 

Illinois  county,  Virginia,  v.  314 
^°)P^ej!sraent    of    soamen    in    Boston 
(1777),v!'l39^^'    impressed    sailors 
Independence,  tendencies  toward,  ii  86 
840;  prophecy  of,  528;   how  forced 
on  the  Americans,  iv.  160;  the  peo- 
pies  choice,   426;    necessity  of.  ac- 
knowledged by  the  English  govern- 
ment, V.  548,  519.  6    «  " 
Independents,  or  Brownists,  i.  187;  ask 
leave  to   emigrate   to   Canada,   191- 
persecution  and  martyrdoms  of,  192* 
193;  those  near  Scrooby,    198  (se'e 
Puritans) ;  triumph  of,  over  the  Loul' 
Farliament,  331.  ^ 
Indiana,  ii.  186;  discontent  of,  iii  409- 
course  adopted,  4i)!>.  ' 
Indians,  American.     See  Red  Men 
In-ersoU,  Jnred,  agent  of  Connecticut  in 

°  1°*^'."^  ^^^ '  ^'^'^ds  to  America 
speech  of  Barr6  in  parliament,  101  • 
stamp-master  for  Connecticut  134  • 
forced  to  resign,  139-141  '         ' 

IngersollJared,  of  Pennsylvania,  in  the 
ledera  convention,  signs  the  constitu- 
tion, VI.  867. 

Ingle,  Richard,  trouble  with,  in  Mary- 
land,  i.  166,  Wj.  ^ 

Inglis  rector  of  Trinity  Church,  New 
York,  IV.  339. 

Ingoldsby,  in  New  York,  arrests  Leisler 
and  others,  ii.  36. 

Innes,  James,  in  Virginia  state  conven- 
tion, supports  the  federal  constitution 
vi.  435.  ' 

Iowa  first  visited  by  Marquette  (1673), 

lowa^Indians,  visited   by  Le  Sueur,  ii. 

Iredell,  James,  iv.  36;  help  afforded  by 
his  wntmgs,  268;  in  North  Carolina 
state  convention  on  the  federal  con- 
stitution,  vi.  461. 

Ireland,  relation  to  England  in  civil  and 
religious   affairs,  iii.   18-23;   oppres- 

»aVJ'  """^  "'°  °^  t'^°  P'ltriot  party, 
.i6-28;  emigration  to  America,   28 


'i    , 

', 

I.    ,  ii.' 

r       , 

\ 

'( 

i 

(.  ^ 

' 

I  "J\ 


622 


INDEX. 


illJi 


i;  i  i 


n 


"JO ;  wordH  of  chncr  to,  from  congress, 
Iv.  '21 1 ;  (It'ltHto  in  Irinh  Iidiiho  of 
cuiiinioiiH  oil  m'luliiip;  four  thousiiiul 
troops  to  Anii'riou,  'JH7,  28H ;  voU-  in 
favor  of,  '2HS;  lionclitsi  to,  from 
Aniorii-an  rcHistiinco  to  l'!ni;liind,  v. 
47-1,  501,  (>(:t,  511. 

Iriwii  ri';^iint'nt  riiiscil  in  Now  York  by 
Clinton,  V.  I!li5. 

Irnliani,  Lord,  opposcfl  liirin;j;  niorcona- 
rioH  nj:;iviiist  tlio  ADirricuiiH,  iv.  1(57. 

Iron,  iiiainiriicliiro  of,  in  tlio  oolonion 
|iiol)iliitod,  ii.  2!il),  210.  Soo  Alunu- 
i'uotiuv.><. 

Iroqiioi;*  hullaiiH,  tlio  Kivo  (iind  nftcr- 
ward  tlic  Six)  Nations,  i.  'JO,  "J I  ;  oon- 
fiMoni'o  of,  ut  Ait)any,  'ITI,  58;i ; 
friendly  to  tlio  l)nlcli,  -lOO;  treaty 
Willi  pivtM'iiorH  of  \'iri;inia  and  New 
York,  5S.S  ;  hiihvark  for  tli(<  {''iiiglisli 
in  northern  New  York,  5H|  ;  dinleelH 
of,  ii.  Ut;  Uoinun  ('a(lu)lie  inisHioiiH 
to,  110;  treaty  of  jienc'O  with  the 
J'Vonoii,  1  l;t.  Ml ;  at  war  npnin,  115- 
147;  Jesuit  niiHsions  to,  110;  at- 
tacked by  Frontenae,  IHI ;  at  jioaie 
with  tlio  French,  186;  at  Albany  eon- 
gross,  treaties  with  tho  Knglish,  H!!'), 
!>.'>(5;  treaty  with  tho  oolonies  (I75'l), 
8S0;  troaly  with  the  Freneh  in  Caiiii- 
da,  AliCi;  join  tho  Freneh,  455  ;  Onei- 
das,  Sonceas,  and  others,  with  the 
Krenoli,  4li;t,  -UH  ;  with  tho  Engli.sh  at 
Fort  Frontenae,  I'.tl ;  treaty  with,  as  to 
bonndariea  (170H),  iii.  ,'i'Jl  ;  danj^rra 
from,  to  the  United  States,  in  tlio  ap- 
proaohing  Btrn(.'p;lo  (1775),  iv.  14S ; 
Johnson  conrtH  their  holi)  at^ainsi  tho 
Amorieana,  :;44,  'J45;  Deane  viMts 
and  secures  neutrality,  .'575  ;  overtures 
to  the  (^herokces,  v.  O'J ;  desire  neu- 
trality, 'm:\. 

Italy,   feolinj^  in,   toward    tho    United 

States,  V.  '220. 
Izard,  1?.,  passionatelv  opposed  to   B. 
Franklin,  v.  252,  '253. 


J. 


Jack.son,  Andrew,  with  Sumter  (1780),  v. 
»83. 

Jaek.son,  Ivichard,  secretary  to  Grcnville, 
iii.  39 ;  refuses  any  part  in  the  stamp- 
tax,  68,  7o;  interview  with  Grcnville 
as  agent  for  Connecticut,  Massachu- 
setts, and  Pennsylvania,  08,  70,  71  ; 
in  parliament  arfrues  a"-ainst  taxing 
America,  99 ;  dismissed  as  Massa- 
chusetts agent,  'J3' ;  speech  against 
American  revenue,  .:52,  345. 


Jamiiica,  island  of,  offerfl  Its  mediation 
in  a  petition  to  tho  king  (1774),  Iv 
«7. 

James  I.,  kingof  f''iigland,  ehara(!tor  and 
ability  of,  i.  Ili5,  HMl;  courMe  toward 
tho  Puritans,  lUO,  lij7;  proclamation 
in  regard  to  tho  llsherieH  (1022),  210- 
death  of,  211).  ' 

James  II.,  kingof  F.ngland,  character  of, 
and  cimrse,  i.  675,  570  ;  opposes  free 
government,  57(i;  course  toward  New 
York,  582,  58;) ;  abandons  tho  throne 
5118  ;  system  pinsucd  by.  In  managing 
the  eolonicH,  ii.  71,  72. 

Jameson,  Colonel,  at  North  Castle,  Now 
York,  strange  conduct  of,  v.  4H4. 

Jamestown,  Virginia,  founded,  I.  88; 
burnt  in  Ilncon's  rebellion,  400. 

Jasp(«r,  Sergeant,  bravo  act  at  Fort  Moid- 
tiee,  iv.  4O0;  mortally  wounded  at 
Savannah,  (Joorgia,  v.  373. 

Jay,  John,  character  of,  iv.  31  ;  dis. 
claims  indcpeiid(>nce,  loi);  nigns  ad- 
dress to  the  city  of  Londiui,  177; 
tries  a  second  petition  to  the  king, 
li)2  ;  arguiiient  in  tin;  New  Jer.'icy  as- 
sembly, 311 ;  lirm  and  clear  in  judg- 
ment, 421),  430;  thinks  it  best  to 
burn  tho  city  of  New  York,  etc. 
(1770),  V.  24;  chiof  justice  of  New 
York,  charge  to  the  grand  jiu'y,  182; 
on  treating  for  j)eace,  250  ;  iiresidcnt 
of  congress,  305 ;  elected  envoy  to 
Spain,  820;  in  Paris,  548;  interview 
with  Oswald,  551 ;  suspicious  of  Vcr- 
genncs,  552  ;  view.s  of,  552,  553 ;  sees 
Oswald  and  Unyneval,  and  refuses 
I'^ngland'fl  offer  of  peace,  504,  605; 
capitulates  and  attempts  to  negotiate 
directly  ,'ith  Slielburno,  607,  508; 
assumption  of  powers,  508,  609;  re- 
pels the  approaches  of  Aranda,  570; 
adds  an  orticle  to  give  navigation  of 
the  Jlississippi  to  England,  571 ;  urges 
restoration  of  West  F'lorida  to  Kiig- 
land,  671 ;  di.seuesion,  678,  679;  signs 
tho  treaty,  580;  appeals  to  Fox 
against  the  slave-trade,  vi.  40  ;  letter 
to  G.  Morris  and  W.  Livingston,  49; 
with  J.  Adams  as  comnd.-^sioner  for 
treaty  with  Fingland,  148;  negotia- 
tions  with  Gardoqui  (1785)  on  naviga- 
tion of  tho  Mississippi,  etc.,  421, 422 ; 
alarms  the  southern  states,  42'2 ;  ne- 
gotiation fails,  423;  in  New  York 
state  convention  supports  the  federal 
convention,  450 ;  moves  the  ratifica- 
tion, 469. 

Jefferson,  Thomas,  ii.  S05 ;  In  the  Vir- 
ginia house  of  burgesses,  iii.  Ill, 
112;  bill  of,  to  emancipate  negroes, 


!  ^       ? 


INDEX. 


628 


410;  hi  tl.o  Vir;;Ii,ia  loKlMlnturo,  i^V; 

rcH«.  Ut.,.,.    „f,  i„    l,„„Ho  „f    hurgOHHON 

»v.  17 ;  paper  hy,  in  conv.intidii,  HI  • 
«|.ii..ou  „C,  ,M  to  K-KiHlativo  iii.lepund! 
ciico,  o(»,  M  ;  u  ,|,,i,,^at„  ^„  cnRn-MH, 

to  Lord  Norlli'H  oircr,  202,  20;{ ;  on 
Wa«l..n-toM'H  int.,-Krity,   2..1);    ,,,  Um'h 

C'.nj,'roM.,2:i4;wnU.s  report 'of  com. 
mu.,0  m  reply  to  Nortl.'H  proposal, 
-Jlfi,    2lt»;    viewH    iiH   to   tii«   kin-rn 
c<».irHo,  271 ;   l.(„„l   of  com,„itteo  "to 
|)r()piir<;     the    (leoliinilio,,     of     i,,,),,. 
peiidoiKio,    425;    elmraeter    of    M' 
4»:i;    (IniftM    till)    (l(u;liinitioii,'4ir.' 
tio  (l(!el,inition  i.,  Till,  4  |(J-45();  on 
tho  iirtielcvH  (.f  confedoriition  v    U-  ' 
governor  of  Virginia,  favorn  (.'laik'n  I 
uxpeili  ion  in  Oiiio  un.J  iJlinoiH,  315    ' 

l^'nn  "'■;.f"V'""«'""'^  freedom  I 
.-H,  8^0;  active  in  gathering  trooi...  ' 
.J95;  onnew  Htutes  in  the  Nortli-we^t 
4..4J  coineideH  witi,  Mu.li.son'H  viewn,' 
457,  45S;  favor.  Morgan's  pnmio! 
tion,  477;  mijiiJortH  (Jcnorul  (Jn-cnc 
vyitli  mnforeementH,  4!)5;  evlJM  out 
the  nnlit.a,  Legs  Washinglon'H  pnm. 
oneo,  505,  51)7 ;  HcrvieeH  in  the  fourth 
congreHH,  vi.  112,  li;{;  pia„  f,„  ;„. 
ternational  comn.ereu,  ll;j.  on  com- 

|"orce  with  the  West,  114;  onlinanee 
by,  aganist  slavery  in  the  nortji-wcst 

11/,    llM;    .Jcliorson's    vicv^     IIH-I 
onforcej  union,  122;  sails  for  Kuropn'  ! 
l^S;  miiiJHtcr  to  France,    14H,    i.vj!  I 
bill  of,  for  religious  freedom  adoj)ted.'  ' 
I'.S;  advice  to  Madison,  202 ;  on  thj  i 
end  of  the  slave-trade,  ;i21 ;  opinions 
on  the  now  constitution,  40(5;  letters  ' 
to   Madison,   407,  408;    opinion   re- 
Hpccting  John  Adams,  4(54 
Jeirri,.8  Hir  Ocorgo,  i.  595 ;  abusive  style 
01,  5!(6. 


Jenkinson,  Charles,  Lord  Livorpo<.l,  on 
Lnglish  ambition  (1750),  ii  451  • 
secretary  of  tho  trca.jury  (1703)  ciiar- 
acter  of,  and  ability,  iji.  38 ;  share  in 
the  8  ainp-tax  plan,  55,  50 ;  opp„.s(.s 
rq.ea  of  theact,  205;  in  the  treas- 
""•y,  207;  pleads  for  absolute  inde- 
pendence of  parliament,  303;  holds 
!nil ..  nt^.A'"'"''''''"-'^  """'"  to  sub. 

s"t>ci,'r45;"-^^''^^'^'^'«^-'-'-' 

Jennings,  Samuel,  governor  for  the 
proprietaries  of  West  New  Jersey 
(1081),  ,,  550;  speaker  of  New  Jer- 
sey assembly,  a  brave  and  resolute 
Quakcr(1707),  ii.  42,  43. 

Jenyns,  Hoame,  a  lord  of  trade,  ii.  442  • 
VOL.  VI.— 36  ' 


mocks  at  American   preltin-iions.  iii 
W\^  V»7 ;    praises   Josiah    Tucker,  iv. 

Jeoflries,  J.,  agent  of  Virginia  in  Enc- 
lund,  ii.  17.  ° 

Jervis,  John,  Karl  St.  -;n(ent,  in  tho 
expedition  against  yuebuc  (1759)  ii 
003.  " 

Jesuits,  missi<ms  ond  missionaries  of  i 
JiO,  21  ;  in  Maryland,  150-102;  deali 
mgs  with  the  Jndiiins,  105;  in  Cana- 
d:»,  ii.  1 38;  in  tlie  wildernosH,  141  • 
"H.ong  tho  i-jve  Nations,  145-14H,' 
INO;  on  Lake  Superior,  150;  op' 
|iosed  to  American  independenco,  v 
a'J5  ;  the  order  of,  abolished  in  S|)ain, 
"00;  in  the  United  States  and  South 
America,  vi.  104,  105. 
Jewett,  Captain,  killed  after  Hurrcndcr, 

Jews,  welcomed  in  Rhode  Islanil  (1084 

lO'JI)  i  304,  305  ;  uIho  in  Now  Noth- 

erlaiid  (1020-1053),  512. 

j  Jogucis,  l.saac,  Roman  Catholic  mission- 

I      ury  among  the  JIurons,  ii.  141;  mar- 

I       tyrdimiof,  IJ2,  Mn. 

.I'.hnson,  Lady  Arbella,  death  of,  j.  240 

,  Johnson,  (Juy,  iv.  14.S;  onlered  by  the 

I      king  to  rouse  tho  Six  Nations  to  use 

the   hatchet,  IHH,    iKiJ;    active,  191; 

courts  tho  lro(pu)is,  244,  215 

Johnson,  Isaac,  i.  223;  death  of.  240 

Johnson    Sir  John,  iv.  311;    with  the 

royal  Yorkers,  defeated,  v.  108,  100 
Johnson    Sir    Nathaniel,   governor    of 

South  Carolina,  ii.  I'Jl 
Johnson,   liobcrt,   governor    of    South 

Carolina,  11.  215,  280 
Johnson,   Dr.  Samuel,  character  of,  iv 
l-i.>;  writes  against  the  colonies,  136. 
Joh.tson,  Stephen,  of   Lyme,  Connectl- 

fn  i"'uv""T''  "'■  ^■"^'  'il'Pcal  «f. 
m  the  New  London  Gazette  "  (1705) 
1 00.  " 

Jolinson,  Sir  William,  at  Lake  Georre 
11;  435 ;  battle  with  Dieskau,  430. 
4-37;  rewarilc  :,  438;  to  be  solo  ne^ 
ffotiator  with  the  Indians  (1750)  448 
419;  takes  rort  Niagara,  501 ;  s'hares 
jn  a  Hchcme  for  western  colonization, 
"I-  231;  at  Fort  Stanwix  with  the 
Six  Nations  and  others,  321 

Johnson,  William  Samuel,  agent  of  Con- 
iiecticut,  present  in  gallery  of  house 
of  commons,  iii.  254 ;  interview  with 
Hillsborough,  208-271;  letter  on 
homo  affairs,  406 ;  character  of,  vi. 
241 ;  on  treason,  314  ;  on  ratification 
of  the  constitution,  etc.,  3G0 ;  in  the 
state  convention  supports  tho  consti- 
tution, 394. 


I  [ 


1 

} 

62^ 


INDEX. 


r  ! 


JolmHton,  ColoiK'I,  of  Now  Jersey,  v. 
80. 

JohuHtnn,  Samuel,  Iv.  2B8-2flft ;  govor- 
nor  <»f  North  ("urolinn,  preHiileiit  of 
Htntu  convention  on  thu  fmloiul  ooii- 

BtifM^oM,    .!.   4  'I. 

JoltiiNt.dii,  lilfoi/;! ,  one  of  Iiortl  Nortli'H 
ciuiiiiiiHt'loiierH    to    America,   v.    V!7'J; 
H.ivtino  npirit  of,  287. 
"Join   or    I  He,"  motto  of  New   York 
imper,  iii.  118;  etTect  of,  1«3. 

Jollict,  liouix,  .Kmiiit  nilHHioniiry  nmoiii; 
(lie  Iliirons,  ii.  Ml  ;  niurlyrilom  ol, 
142,  MU. 

Joneiiir<>,  Indiiin  ii^iMit,  Ii,  223. 

JoiieH,  .loliii  riiiil,  olIle(>r  in  TTniied 
States  imvy,  v.  M  ;  vietory  over  tlio 
Sen»pi«  (1771»),  "f*"*»  «(f>l  ;  ontera  tlie 
Tex(-1,  a  neutnil  jiort,  ;iftl. 

Jones,  Josepli,  of  King  (Jeorge  eoiinty, 
Virginiii,  in  eongrens,  letter  to  Wusii- 
Ington,  V.  'Ml,  lift;  Wiisliinctton'H 
mlviee  to,  vi.  18,  lU;  letter  to  Wiiwli- 
iiigton,  71 ;  oourtie  of,  in  the  Virginia 
legislature,  \H\. 

Jones,  Noble  \V.,  speaker  of  (ienrgia 
assembly,  iii.  108  ;  with  Habersham, 
Telfair,  ami  others,  opens  tl»o  king's 
maga/.ino  ami  takes  powder  (1775), 
iv.  181. 

Jones,  Samuel,  in  New  York  state  oon- 
vcnfion  on  tho  federal  constitution, 
V.  4M ;  moves  the  ratifieation  with 
hopes  of  amendments,  4r»0,  ItlO. 

Jones,  William,  of  Maine,  in  Massaehu- 
setts  state  eonventioiv  on  tho  federal 
CDUstituticm,  objections  of,  vi.  !t09. 

Jones,  Willie,  leads  opposition  In  North 
Carolina  state  eonvention  on  tho  fed- 
eral eonstitution,  vi.  4(U,  4tl2 ;  caused 
convention  to  adjourn  without  action, 
4tV2. 

Joseph  II.  of  Austria,  and  Maria  The- 
resa, hope  that  America  will  soon  be 
subdued,  iv.  421 ;  opposed  to  success 
of  United  States,  v.  l;t8;  Kaunit/.'s 
report  to,  470;  wishes  and  hopes, 
474  ;  desires  a  treaty  with  tho  United 
States  (17815),  vi.  55;  condition  and 
prospects  of  people  under  (178i»),  478. 

Joseph,  William,  "  a  tory  president," 
convenes  tho  Maryland  assembly 
(1(588),  i.  441 ;  ii.  '2(\  21 ;  addresa  oi, 
to  tho  assembly,  i.  441. 

Josselyn,  on  slow  progress  in  Now 
Hampshire  (16:<8),  i.  218. 

Joutel,  II.,  historian  of  La  Salle's  expe- 
dition, ii.  170,  174,  186. 

Judiciary,  in  colonies,  to  hold  at  the 
king's  pleasure  (1703),  ii.  557. 

Judiciary,  under  the  federal  constitution, 


vl.  22a,  224,  .148-^50.     Seo  Constltn. 

tion  of  the  United  States. 
Jmnonville,  in  eonuiiand  of  the  French 

ut  (Jroat   Meadows  (i754),  killed  in 

battle,  ii.  :<H4,  ll8r>. 
Junius,  quoted,  iii.  IID.'i. 
Jury,  trial  by,  in  Vliginla  (1021),!.  118. 


K. 


Kalh,  John,  sent  by  Cholsoiil  to  Amori- 
ea,  iii.  247;  views  of,  278,270;  of. 
fers  to  serve  in  tho  Anitiriean  army 
(177«).  V.    12(1;  arrives   in  riiiladel. 


l)liia,  174  ;  with  liafayt\tte  at  Albany, 
215;  sent  to  the  South  by  Washing', 
ton,  !)H;;  ;  with  (Jeneral  (Jatcs,  !I85; 
in  the  battle  of  (!amden,  South  (^arol 
liiMi,  «87-!t8W ;  dies  of  woimds  re- 
eeived,  !t8i» ;  monument  voted  to  by 
congress,  ;i8». 

Kahn,  I'eter,  a  Swedish  traveller,  views 
of,  as  to  American  indepeiulence 
(1748).  ii.  :u(t,  ail. 

Karnes,  Lord,  oi»inion  as  to  political 
union  of  the  Anteriean  colonies  (1774) 
iv.  51.  ' 

Kaiuiwha  valley,  exph)red  (1<>70),  i.  452. 

Kant,  J.,  (iernuin  |)hilosopher,  friendly 
to  tho  United  States,  v.  2;{0,  2;{1. 

Kaskaskia,  Illinois,  French  minsion  at, 
ii.  187 ;  Indians  submit  to  tho  Eng- 
lish, iii.  151  ;  population  of  (17r)',t), 
!!l»;  taken  by  Clark  (1778),  v.  Itll  ; 
lietition  of,  for  government  (1780),  vi. 
280,  281. 

Kaunitz,  Austrian  minister,  v,  240,8^8; 
jdans  for  mediation  of  Austria,  408; 
ill  success  of,  470. 

Keitli,(ieorge,  schism  of,  in  Pennsylvania 
(lOSJl),  ii.  25;  an  early  abolitloniat, 
275. 

Keith,  Sir  "William,  ii.  240;  governor 
of  rennsylvHtiia,  advice  to  govern- 
ment as  to  stanij)  duties  in  the  colo- 
nies, 204. 

Keith,  British  minister  at  Vienna,  iv. 
424. 

Kemp,  Richard,  Berkeley's  substitute  in 
Virginia,  i.  142. 

Kennebec  river,  entered  by  Gilbert,  i. 
90;  end  of  Virginia  C(dony  on,  91  ; 
mission  to  the  Indians  on,  ii.  144; 
English  settlement  on,  attacked  by  the 
Indians,  219. 

Kennedy,  a  royalist  in  New  York,  mom- 
ber  of  tho  council  (1750),  ii.  357 ;  ad- 
vises "  a  gentle  land-tax,"  883. 

Kennedy,  Jo.sepb,  of  North  Carolina,  iv. 
198. 


INDEX. 


Kent  IhIo  of,  o(tm[pIi.,1  hy  (!I.iyhorno,  I. 
IM  ;  titio  nHHifrn,.,!  to  I,or.l  IJiiltlinor.s 
H.l;  tHl((.M  hy  L,..)imr,|  ('alv.-rt,  !((7. 

Kontiiclty,   Hpiiit   of    (1775)    iy_  'j.,,  . 

m'tt.-M„.MtHin,  101,  11,5;   U.,„,..loi.l' 
"pi.lt  of,  l!.f.-ii,7;  ,„,,i„„  „f  j,^,^.,^, 

lonbiii-K    ooi.nfy,    1ik»-1oh;    |,„.,,.aH« 
ftiKl  prowcHs  of  tl„.  ;„.„,,|      y   .,,^^. 

v'r'SlS."  '"^"'■''  "''  ^'""''**''  "«*••"'  »">' 
Kciit..iH«)'  a  county  of  Virf-inin,  v,  SOO 
Ivrpprl,    Adinlriil,     oblcc-tH     to     nrrvo 

nuaii.Ht  Amoiicum,  [v.    iHtlj  incunu: 

i>lo,  V.  ij()2,  ;i(»a.  ' 

Klrhllno,    of    IVmiHylvanin,   „„    L„„,, 

iHliind,  New  York,  v. ;((). 
KickapooH,  IndiiitiH,  ii.  (M,'ir.«. 

'•  rV  «,!IIi""''  '"'"«'''  f'"' I'inicy,  ii.  40. 
IvM'ri,  Wllliuin,  KovDiiior  of  New  NctlKT- 

•""l.i.BOI;  barlMirr.iiH  I y  tow.ird 

Hh^  IndittiiH,  fi(M-5()(i ;    lost   at    bcu, 

Kin-    Uuf.iH,  rovlvoH  J„(T(.rson'H  ami- 

'^''^^'-'•^'•''"'•^^vi.  l.-l'J;  rrport  to  con- 

«''7   <>"   ('7«^'),    l.'fi,    i:t:t;   joi„H 

.  '.'Try  a-ii  MHt  dcsMv  of  MasHacI.uHottH 

for  01,  ,irf^i.,g  pow,„H  of  conLTcHH,  etc., 

H'i,    H7;    Hi,cccl,    (o  I.Ki.slatoi'c    of 

Mft,HHadiUHettH  on  tlio  uciion  of  An- 

napolJH   convention,    1««,   ij,7;    (.„„. 

ciliatory  movement  in  conf^'resH,  ]«»• 

in  tlie  federal  convention,  22!{   ii,'j«  • 

on  tl,o  committee  of  Hve,   207;  op! 

poHed   to   Hiftvo   rei.roHentation.'jJC.fi 

2iI(S;  eoiiPHo  in  con-^rewH  ( 1 78(1),  27h' 

27» ;  Hcnt  hy  con;,'i'cH,H  to  the  legiHlu! 

ture   of  rennsylvania,   2H1  ;    nei-vice 

of,  in  conKrcMH,  285,   288,   20(1;   on 

Hlavc  repi-e.Hentation,   2!)»;    on  Ktate 

Jiiterference   wit),   contract.M,  Son-  i„ 

MaHsaehuHetts    Htnt(!    convention' on 

the    fedeial    con.slitution,    Um ;     ex- 

plainH  the  conHtitiition,  ;i98  ;  elected 

in  New  York  United  States  Benato.-, 

407. 

Kind's  Mountain,  South  rarolinn,  Ameii- 
laun  victoriouH  at,  v.  ,'J!>8-4()0-  in- 
spiiitim,'  ctreet  of  victory,  .JOO.     ' 

Kiiis(!y  of  New  Jeisey,  v.  7. 

Kiik,  Hii-  David,  taken  Quebec,  i.  219, 

Kiikland,  Samuel,  miHsionary  amonff  the 

Mol,awk»,  iv.  148. 
Kittanins,  IVnnsylvania,  fight  at,  with 

the  IndianH,  ii.  454,  455. 
Kiop.stock,  F.  T.,  German  poet,  v.  231 
Knowles,  Sir  Charles,  tries  impressment 

of  seamen  in  Uoston  (1747),  ii.  811  • 

result  of  his  action,  311,  841.  ' 

Knowlton,  Thomas,  of  Ashford,  iv.  215  • 

on  Breed's  Hill,  218,  219,  222;  morl 


623 


tiiWy  wound,  d  in  skirmish  near  New 
^  ^ork  city,  v.  47. 

Knox  IN.my  r-ply  to  Dickinson'H 
^armerH  LetterH,"  ill.  ;,;,„;  ,,|„,„ 
works  rouncl  U.,xbuiy,  Massttehum.ttH. 
v.^K,;  colonel  of  artillery,  v.  24- 
in  New  KnKland  to  raise  ti^oop-  451* 
452;  letter  f.om  and  fo  (;.  Morris' 
vi.  «7,  (18 ;  aids  Washington's  plan^ 
for  the  army,  7u,  ' 

Knox,  James,  western  adventures  of  ill 
«1».'{,  JUH.  '     ' 

Knox,  William, afrent  of  (.'corgia  ri7(!;n 
favors  stamp-tax,  iii.  5H.  " 

Knyphftusen,  general  of  lie.sslan  mer. 
•^■nancH,  iv.  :<r,5;  at  New  Ifoel.clle, 
New  V  ork  V.  72,  75  ;  at  taking  of 
I'ort  Washm^ton,  7(».  8.,;  i„  the  ox- 
pcdiHoii    a..,ainsl    i-|,i!adel|,l,ia,    17(1, 

nVTin  .?►,/■"""""'"'  '"  ^'■"'  Vork 
[in,>),  .(75  ;  ra,.^es  regiments  of  loy- 
alists  or  toiic's,  42;(  ^ 

Kosciuszko,  Tha.l.lens,  a  Pole,  joins  the 
American  cause,  v.  150;  orders  to,  by 
.ates,  I5(),  182;  constructs  fortifiea- 
tions  at  W(!st  I'oint,  New  York  4«2  • 
with  General  (J.cene  in  the  Kouth,' 
471*,  5(  I  ;  honor  given  to,  by  cou- 
grcss,  vi.  1(J4.  ' 


Laconia,  in  Maine,  (lorgos  and  Mason's 
patent  for,  i.  217. 

''".,r^"'!,'r ;.*"''*'"'■''  P'^''"'"in  ^anior,  ii. 
.(58,  .159;  among  the  Indians  in  the 
North-west,  iv.  148;  fierce  fighter,  v. 

I-afayetfe,  (Jilbert  Metier  de,  how  first 
won  for  Ameiica,  iv.  189;  ardent  re- 
solve   of,  V.    21;   prepares  to   leave 
for  America,  120,  127;  sails  for  the 
United  btates,  Wl,  1;J3  ;  arrives,  and 
iH  appointed  major-general,  174:  in 
battle,  178  ;  wounded,  179  ;  efforts  to 
alienate  him  from  Washingt«.n,  216  • 
true  to  the  commander-in-chief  216' 
expedition  to  Canada  offered  to,  goea 
to   Albany,    216;    on   the    effect    in 
iranco  of  the   declaration   of   indc- 
pendence,  269;   gallant   conduct  of. 
at  Monmouth,  274-277 ;  sent  to  Rhode 
Island,  285  ;  in  France,  at  Versailles, 
-m;    urges   sending    troops   to  the 
United  States,  420  ;  begs  help  of  Ver- 
gcnnos,  462  ;  sent  by  Washington  to 
V  irginia,  606 ;  generosity  of,  to  the 
troops,    606;    active,  watchful,  self- 
possessed,  611  ;  urges  W^ashington  to 
come  in  force  to  Virginia,  512  ;  seads 


U 


(:•      !', 


l!       !l 


I 


6S6 


INDEX. 


:•!(; 


h 


I!      .  fi.* 


t'  I 


'  I'         M 


J  .1 


to  MiiiiropaA  and  Vcrgonnos  aii((iirii!f< 
of  MuuouHH,  510  ;  Hlmiu  in  tlio  lieuisivu 
victory  at  Vorktown,  023  ;  ovor  fuitli- 
fiil  to  Amoriua,  vi.  H2 ;  vinitH  tliu 
United  StatuH  again,  127. 

La  («aliH!ioni6ro,  miveruoi-Roncral  of 
Ciinada,  ii.  .'I!17;  goes  to  Fruno,  310; 
advice  of,  ilDl. 

Lii  Joiuiuiore,  };(ivi«rnor->;tMi(>nil  of  Ctmn- 
dii,  ii.  ;illl,  a  17;  uioveuiciitH  of,  liSH, 
!iOU. 

Lallenmnd,  a  Ji-Hiiit  nilssioaary,  mar- 
tyred, ii.  145,  140. 

La  Loutro,  nii.snionary  in  Nova  Scotia,  ii. 
;t  14  ;  Htirs  u|)  tlio  IndianH  against  tliu 
Engli.sli,  ;t40  ;  burns  a  diurcii,  358. 

Lamb,  Jolm,  cajjlain  of  artillery,  iv. 
205 ;  collector  of  New  York  custom- 
house, vi.  454. 

Lamborville,  misHionary  among  the  Iro- 
(juoi.s,  i.  6SV). 

Lancaster,  Massaehusetts,  Indian  massa- 
cre at,  i.  31)  1,  392. 

Limcaster,  Pennsylvania,  treaty  witli  tlio 
Six  Natiouii  at,  ii.  303. 

Landgraves,  in  Carolina,  i.  418,  419. 

Land-tax  and  poll-tax,  urged  by  Din- 
widdie  for  the  Old  Dominion,  ii.  443. 

Lane,  Kalpli,  goes  out  as  governor  of 
Raleigh'fi  colony,  I.  71;  explorations 
ond  views  of,  72-74 ;  returns  to  Eng- 
land, 75. 

Langdon,  John,  of  Now  Ilampahiro,  iii. 
293 ;  supports  the  new  federal  consti- 
tution, vi.  400,  409;  elected  president 
of  the  senate  in  the  lirst  federal  con- 
gress (1789),  407. 

Lansing,  appointed  delegate  by  New 
York  to  the  federal  convention,  vi. 
200.  232,  242,  243 ;  leaves  tlie  con- 
vention, 259,  200;  in  tlie  state  con- 
vention opposes  the  constitution,  450, 
458-400. 

La  Uoclio,  Slarquis  do,  attempts  coloni- 
zation, i.  18. 

La  Salle,  U.  C.  de,  early  career,  ii.  150, 
100;  employed  by  Frontenac,  100; 
returns  to  Franco,  and  obtains  a  royal 
grant,  101 ;  furtlier  grant,  102 ;  in 
Niagara  river  and  on  the  lakes,  163  ; 
embarrassments,  105;  descends  the 
Mississippi  to  tlic  Gulf  of  Mexico, 
107 ;  takes  possession  of  the  country 
for  France,  108 ;  goes  again  to  France, 
lOS,  109 ;  proposition  of,  to  conquer 
and  colonize  accepted,  109;  misses 
the  mouth  of  the  Mississippi,  171; 
occupies  Texas,  172;  excursions  by, 
172,  173;  starts  for  Canada,  173; 
murdered  by  Duliaut,  1 74 ;  character 
aud  merits  of,  174. 


LaA  Canii\  Huggosts  using  negro  Hlaves 
in  llispaniola(1017),  1.  124. 

Laud,  archbisliop  of  Canter))ury,  head 
of  coinmission  for  rcgiduting  the 
American  colonies  (1034),  i.  274; 
course  pursued,  274,  275. 

Laud<inni6re,  leads  colony  to  Florida,  i. 
02;  Had  fate  of  the  colony,  52-50. 

Laurens,  Ihuiry,  of  South  Carolina,  ii. 
550  ;  president  of  the  provincial  con- 
gress (1775),  iv.  ISO;  reluctant  to 
proclaim  independence,  393 ;  vice- 
president  of  South  Carolina  under 
its  now  constitution,  395 ;  letter  sent 
to,  in  disparagement  of  VVusldngton, 
how  treated,  v.  215;  resigns  i)re^|. 
deney  of  congress,  293  ;  favors  enlist- 
ing the  slaves,  370 ;  prisoner  in  Kiig. 
land,  527;  goes  to  the  Hague,  530; 
in  Paris  witli  tlie  eoniiiiissioncrs  for 
j)oaee,  678,  579 ;  has  clause  inserted 
in  convention  as  to  "negroes  and 
other  property,"  579,  5«0. 

Laurens,  John,  tlie  younger,  son  of 
Henry,  aid  and  interpreter  to  Count 
D'l'iSiaiug,  V.  2H5;  wislies  to  onlist 
slaves,  300,  370;  sent  to  Franco  to 
beg  help,  452 ;  moitally  wounded  at 
Combahee  ferry,  550. 

Lauzun,  Duke  de,  defeats  Tarloton's 
legion,  V.  5 1 0. 

Law,  John,  and  the  Mississippi  ('om- 
pany,  ii.  227  ;  grand  credit  sclienic, 
227,  228  ;  Law's  bank  bceomes  the 
Hank  of  France,  229 ;  wild  extrava- 
gance and  recklessness,  229-231  ; 
downfall  of,  231. 

Lawrence,  lieutenant-governor  of  Nova 
Scotia,  ii.  419. 

Lawrence  of  Now  York,  debates  on  pro- 
tection in  the  fir.st  federal  congress 
(1789),  vi.  408. 

Lawson,  surveyor-general  of  North  Caro- 
lina, ii.  203 ;  death  of,  204. 

"  League  and  Covenant,"  in  Boston,  iv. 
21 ;  suspends  all  trade  witli  England, 
21,  22;  subscribers  to,  in  I'lyniouth, 
20. 

Learned.  Oenoral,  v.  184,  188. 

Leddra,  W.,  n  Quaker,  hanged,  i.  315. 

Ledyard,  Cohmel,  murdered  by  Hroin- 
field,  a  British  oiTicer,  at  Fort  Oris- 
wold,  Connecticut,  v.  507. 

Loo,  Artlmr,  with  U.  Penn,  in  London, 
iv.  270,  271 ;  interview  with  Boau- 
marchais,  301;  ordered  to  get  the 
views  of  foreign  powers  as  to  Ameri- 
ca, 302 ;  receives  promise  of  help  in 
money  from  France,  371 ;  one  of  the 
commissioners  to  Franco,  v.  50 ;  min- 
ister to  Spain,  meets  Grimaldi,  186, 


INDEX. 


627 


137;  vIhUh  Frederic  of  Primsin,  2.19, 
240 ;  papers  of,  Htolcn,  '210 ;  tries  t(. 
HUppliuit  Franklin,  !>r. 2;  in  ooni,'reMH, 
deltuto  on  the  rcvenuo  quenlion,  vi. 
fit :  opi  .1  >  Matlison,  09. 


lilts    Tarloton's 


I'crnor  of  Nova 


Lee.  (!|iiri.     ,-,,  .   ,  to  America,  Iv.  -fR; 
elected    hf  •  iiij;."e88    mnjor-^jiencrnl, 
a;j2;  >■-      -^lipl.  I   in  clmructcr, '2:i:t, 
'-i'-'i;         m\  's  Ti    ,otiiili(>n  witli  Ilur- 
poyne,  2ii;  i„  ,u:vi  Vorlt,  conceited, 
overbe  Am,         ttS.'l,  8H1 ;  npnointcd 
tocon]n>    I'l       ...irt  in  tlie  South,  885; 
ftt  Cliurlt~i(,u,  irieHto  interfere,  to  no 
good,  89!),  100;  petulant,  wislicH  !''ort 
Moultrie  evacuiitcd,  refuses  Moultrie 
powder,  etc,,  40(1-407;    pruincs   the 
vietcurt  alter  tlie  l)attle,  410;  extorts 
money,  v.  (>1  ;   on  a  border  expedi- 
tion, 61,  fi2;  returns  to  tli(!  North, 
«U;  expected  in  camp,  (Wl ;  eliaracter 
ond  viewH,  ('.(I,  07;  wishes  to  ne;;o- 
tiale   with    Howe,   08;   orders   from 
^VaHIlin>^(()l),  liow   received,   7(5;   re- 
fuses  to  obey  Wasliin-^ton's   orders, 
81-81;    ea;^'er  to  displace   the  eoiii- 
niander-in-eliief,    81-8(1  ;    foolhardy, 
taken    prisoner,   80,  87;     letters    to 
Uush,   Morris,  etc.,   145;  treason  of, 
140;    Yorke'a  opinion  of,   140;    ex- 
changed,  140,   ir.5;   seeond  in  com- 
mand,    disol)edient   and    treacherous, 
274-270;     court  -  nuirtialed,     found 
guilty,  censured  by  congress  (1780), 
277,^  278  ;  death  of,  in  disgrace,  278. 
Lee,  Francis,  delegate  to  congress,  iv. 
255. 

Lee,  Major  IF.,  takes  raulus  Ilook  (.Tor- 
Bcy  City),  v.  li.'U,  382;  ordered  to  the 
South,  383  ;  colonel  of  cavalry  legion, 
477,  478  ;  defeats  the  Tories,  491 ;  at 
battle  of  (Juilford  Court-House,  492, 
493 ;  at  the  taking  of  Augusta,  Geor- 
gia, 500 ;  in  congress,  favors  the  new 
constitution,  vi.  ;}73 ;  in  Virginia  state 
convention,  supports  the  constitution. 
430.  ' 

Lee,  R.  II.,  of  Virginia,  speech  against 
slavery,  549,  550;  on  the  course  of 
England  toward  America,  iii.  70 ;  in 
Virginia  legislature,  487;  eloquence 
of,  iv.  85 ;  supports  P.  Henry's  meas- 
ures, 146;  delegate  to  congress,  190; 
proposes  to  raise  troops  for  Carolina, 
V.  884;  wishes  Washington  to  be 
made  dictator,  607;  divides  Virginia 
in  favor  of  state  sovereignty,  vi.  34, 
35 ;  course  in  Virginia  legislature,  and 
letter  of,  95,  90 ;  letter  to  Madison, 
'24;  opposes  the  navigation  act,  144, 
145;  in  congress  (1787),  281,280;  on 
the  committee  of  seven,  287;  pre- 


pares clauso  on  contracts,  288;  In 
congress,  opposes  tho  now  constitn- 
tion,  871;  offers  amendments,  872' 
supported  by  New  York,  873  ;  pomi.t^ 
ence  in  opposition,  874,  875,  8H8,  428, 
425;  through  Patrick  Henry's  sehem- 
ing  chosen  United  Htates  senator, 
400;  wishes  to  use  for  Washington 
titleof  "Highness,"  471. 

Lee,  William,  commissioner  to  Germany 
and  Pi  .issio,  v.  837 ;  how  received  by 
Frederic  of  Prussia,  887. 

Leet,  William,  deputy  governor  of  Con- 
nceticut,  i.  574. 

Leet-men,  or  tenants,  under  constitution 
for  Carolina,  i.  4 1 8. 

Legge,  William.     See  Dartmouth. 

Legislators,  hereditary,  profrnfed  and  rc- 
j(!cted  in  Massachusetts,  I.  259, 

Leibnitz,  i)redicted  revolution,  iv.  872. 

Leisler,  Jacob,  concern  of,  in  "  the 
I'utch  plot,"  In  New  York,  i.  001 ;  as- 
sumes  powers  of  government,  il.  84, 
85  ;  career  of,  and  result,  85,  30  ;  ar- 
rested,  tried,  and  hanged,  80,  «7  ;  at- 
tiiinder  reversed   by  parliament,  87, 

Leitch,  JTajor,  mortally  woimded,  v.  47. 
I-e  Moyne,  James,  a  painter,  i.  68. 
[;em|)ri(:ire.  Captain,  iv.  402. 
Lenni-Lenape,  in  New  Jersey,  etc.,  two 
divisions,   the   Mlnsi  and    tho  Dela- 
wares,  ii.  91. 
Leon,  Do.     See  Ponce  do  Leon. 
Leonard,   Daniel,  lecornmends  submls- 
sion  of  Massachusetts  to  England,  iv. 
128.  ^ 

Leslie,  Uritish  commander,  rebuked  by 

Howe,  v.  40,  47. 
Lessing,  German  philosopher,  v.  281. 
Le  Sueur,  ii.  190;  defeats  the  Natchez 

Indian.s,  233,  284. 
Leverett,   agent   of    Massachusetts    in 

England,  i.  808. 
Levi,  French  general,  ii.  489,  601  ;  at 
Montreal,  608  ;  besieges  Quebec,  622 ; 
failure  of,  622,  523. 
Lewis,  Andrew,  in  fi<j;ht  with  the  Shaw- 
nces,  acts  discreditably,  iv.  87  ;   ap- 
pointed  brigadier-general   from  Vir- 
ginia, but  forced  to  resign,  336 
Lewis,  Charles,  death  in  battle,  iv.  87. 
Lexington,  Kentucky,  origin  of  the  name, 

iv.  108. 
Lexington,  Ma.ssachusctts,  militia  and 
alarm -men  turn  out  at  midnight 
(April,  1775),  iv.  154;  attack  on,  by 
British  troops,  166;  martyrs  of,  156; 
their  glorious  memory,  166,  167. 
Liberty  of  the  press.  See  Press,  and 
Printing. 


i,.  i 


'(.,  .• 


I't 


i    I 


'U  i 


I 


!  ! 


!  iff.      t 


528 


INDEX. 


r  I 


:V 


Lincoln,  General  B.,  with  the  northern 
army  (1777),  v.  182  ;  in  command  of 
the  right  wing,  186,  187;  cliaracter 
of,  etc.,  goes  to  the  South,  367 ;  in- 
ferior number  of  troops,  part  lost 
under  Ashe,  368,  869  ;  at  Sheldon  in 
the  summer,  371 ;  goes  to  Charles- 
ton, 374  ;  fails  to  defend  the  city,  and 
capitulates,  376,  377  ;  minister  of  war, 
vi.  25 ;  in  Massachusetts  state  con- 
vention on  federal  constitution,  396. 
Linen  and  woollen  manufacture  attempt- 
ed in  Maryland,  ii.  22.  Sec  Manufac- 
tures. 
Linzee,  captain   of  the  Falcon,  beaten 

by  the  Gloucester  men,  iv.  249, 5-50. 
Little  Egg  Harbor,  New  Jersey,  British 

raid  on,  v.  288. 
Livingston,  James,  and  Canadians,  take 

Chambly,  iv.  296. 
Livingston,  Philip,  in  general  assembly 
of  New  York,  iii.  343 ;  house  of,  on 
Brookljm  Heights,  v.  36. 
Livingston,   R.   R.,  on    taxes,  iii.  78; 
Coldcn  urges  removal  of,  93  ;  in  con- 
gress, 150;  true  patriot  to  death,  iv. 
292. 
Livingston,  R.  R.,  the  younger,  delegate 
to  the  second  continental  congress,  iv. 
190;  patriotic,  292;  opposes  declara- 
tion of  independence,  423 ;   in  con- 
gress, V.  285 ;  in  charge  of  foreign 
affairs,  508 ;  active  statesmanship  as 
to    boundaries,    fisheries,    etc.,    525, 
526 ;  minister  of  foreign  affairs,  vi. 
25. 
Livingston,   William,   of    New  Jersey, 
delegate  to  first  continental  congress, 
iv.  33 ;  sympathy  with  Washington,  v. 
83 ;  governor  of  New  Jersey,  pardons 
disloyalty,  280,  281 ;  on  freeing  the 
negroes,  411 ;  urges  public  faith  and 
honor   (1783),  vi.  170,   171;   in  the 
federal  convention,  .320,  359. 
Livingston,  William,  of  New  York,  patri- 
otic views  of,  iii.  283 ;  chancellor  of 
New  York,  views  of,  on  evils  of  paper 
money,  vi.  170. 
Livingston  family,  the,  its  principles,  ii. 
528 ;  position  of,  in  New  York,  iv.  30. 
Lloyd,  David,  speaker  of  Pennsylvania 

assembly,  ii.  27. 
Lloyd,  Thomas,  president  of  council  in 

Pennsylvania,  ii.  24. 
Locke,  John,  character  and  ability  of,  i. 
415,416;  his  "grand  model"  of  gov- 
ernment, 417-420;  a  landgrave  of 
Carolina,  430 ;  his  "  model "  doomed, 
ii.  10;  one  of  the  commissioners  for 
trade  and  plantations,  73,  74 ;  quoted 
by  Otis  (1762),  560. 


Logan,  James,  secretary  of  Pennsylva- 
nia, ii,  225,  246 ;  views  of,  on  public 
dangers,  257;  on  Benjamin  Frank- 
lin, 259,  260 ;  on  eraigratiDn,  265,  266. 
Logan,  a  Cayuga  chief,  and  his  revenjio 
iv.  85.  ' 

London,  city  of,  intercedes  for  Boston, 
iv.  149;  the  king's  answer  to,  H&' 
news  of  Lexington  and  Concord,  how' 
received  in,  185,  186;  address  of,  to 
the  king,  188 ;  is  thanked  by  congress 
(1775)  for  its  sympathy,  238. 
London  company,  sends  out  the  (ir.st 
colony  of  Virginia,  i.  85 ;  anxious  for 
gains,    95;    great  meeting  of,  114; 
aids  in  establishing  liberty  in  Ameri- 
ca, 118  ;  King  James's  course  toward, 
129,  130  ;  patents  cancelled,  133. 
Long    Island,    New    York,  towns    on, 
planted  by  New  Haven,  i.  272 ;  given 
up  to  New  York,  523;  retreat  from 
(1776),  by  Americans,  v.  24,  38, 
Long  Parliament,  the,  asserts   its  su- 
premacy, i.  143  ;  atrocious  ordinance, 
death  for  heresy,  169,  170;  order  of 
in  Gorton's  case,  305 ;  appeal  to,  by 
Massachusetts,  and  answer,  307,  308 ; 
becomes  ii  t}ranny,  328;  ejected  by 
the  Independents,  332. 
Lotteries,  in  aid  of  the  London  company 

i.  105. 
Lottery,  set  on  foot  by  congress  (1776) 

v.  290, 
Loudoun,  carl  of,  commander-in-chief  of 
troops  in  America  (1756),  ii.  447 ;  gov- 
ernor of  Virginia,  447 ;  to  force  niili- 
tary  rule,  447  ;  meanly  billets  his  ofli- 
cers  in  New  York  and  Philadelphia, 
404;  letter  of,  to  Pitt,  460;  wastes 
the  suumier  at  Halifax,  462  ;  cowardly 
conduct  of,  468 ;  recalled,  482. 
Louis  XIV.,  king  of  Franco,  shrewd  ad- 
vice of,  as  to  governing  colonies,  i. 
407 ;  tyranny  and  cruelty  of,  to  the 
Huguenots,  432 ;  by  treachery  makes 
galley  slaves  of  Iroquois  warriors, 
ii.  176;  absolute  king,  177;  death  of, 
213. 
Louis  XV.,  kin-;  of  France,  ii.  440,  441; 
in  harmony  with  George  III.  (1772), 
iii.  417,  418 ;  death  of,  iv.  37. 
Louis  XVI.,  king  of  France,  i\.  37; 
character  of,  37,  38 ;  watches  the 
progress  of  the  American  revolution, 
190;  fears  attack  from  England, 
hence  led  to  favor  Americans,  360; 
unstable,  369 ;  with  king  of  Spain, 
promises  money  to  the  Americans 
($2,000,000),  371 ;  resolves  on  alliance 
with  the  United  St.ites,  v,  20,  21 ; 
dislikes  matters  in  America,  131, 132; 


ri    I 


I'i  •';  I 


INDEX. 


529 


ice,  slircwd  ad- 


urged  to  lower  English  pride  and 
power,  242;  announces  to  England 
treaty  with  the  United  States,  248, 
249 ;  receives  the  American  commis- 
sioners,  250 ;  not  pleased  or  satisfied, 
25i>,  251 ;  frees  the  crown  serfs,  404 ; 
receives  news  of  the  victory  at  York- 
town,  523;  invites  Washington  to 
visit  France,  vl.  177. 
Louisburg,  fortress  at,  key  or  the  St. 
Lawrence,  ii.  305;  New  England  rc- 
Bolvea  to  conquer,  305;  expedition 
against,  305,  306;  strength  of  the 
place,  307 ;  siege  of,  308  ;  surrender 
of  the  French,  309 ;  siege  and  capture 
of  (1758),  by  the  English  under  Wolfe 
485.  ' 

Louisiana,  expedition  to,  by  Iberville,  ii. 
187;  possession  of,  taken,  188;  slow 
progress  of,  190,  191;  boundary  of, 
224;  granted  to  Crozat,  225,  226; 
Cadillac,  governor  of,  226 ;  John  Law 
and  the  Mississippi  Company,  227- 
232 ;  condition  of,  in  1740, 237 ;  given 
up  by  Spain  to  France  (1764),  iii.  75  ; 
affairs  in  New  Orkms,  316  ;  Spanish 
government  expelled,  316-318;  con- 
dition of  affairs,  352;  landing  of 
O'Reilly  and  army,  353;  arrests  of 
the  French,  353;  trials  and  execu- 
tions, 354;  population  of  New  Or- 
leans and  Mississippi  valley,  3.54. 
Loughborough,    Lord.       See    Weddcr- 

burn. 
Lovelace,^  Lord,  succeeds  Nicolls  in  New 
York,  I.  524;  course  of,  as  governor 
of  New  York,  ii.  43,  44. 
Lovell  of  Massachusetts,  and  Gates,  v. 
149 ;  letter  to  Gates,  abusing  Wash- 
ington, 211. 
Lovett,  Christopher,  i.  217. 
Lovewell,  John,  Indian  fighter,  ii.  2l;0, 
Low,  Isaac,  iv.  10 ;  nominated  for  con- 
gress, 31. 
Lowndes,  U.,  of  South  Carolina,  treat- 
ment  of,  iii.  408 ;  president  of  South 
Carolina,  v.  288 ;  superseded  by  Rut- 
ledge,  368;    submits  to  Cornwallis, 
393 ;  debate  in  South  Carolina  assem- 
bly, 415;  bitterly  opposes  the  federal 
constitution,  favors  a  southern  con- 
federacy, etc.,  415-419. 
Loyalists,  or  tories,  expectations  of,  iv. 
123,  124;  in  Boston,  mean  behavior 
of,  172;  in  North  Carolina,  v.  491; 
in  South  Carolina,  502;  question  of 
indemnity    and     compensation     for, 
Franklin    opposed,    570;     Jay    and 
Adams  agree  to  validity  of  debts  con- 
tracted   before   the   war,   674.   675; 
final  arrangement,  678,  579;   forced 


emigration  of,  vi.  101 ;  compensated 
by  parliament,  101. 
Ludwell,  Philip,  in  South  Carolina,  ii 

10.  ' 

Luther,  Martin,  influence  and  tenets  of 
i.  177,  178,  181,  199,  6o7;   ii.  403, 
404. 
Luttrell,  H.  T.,  praises  the  Americans 

iv.  129. 
Luzerne,  on  reforming  the  articles  of 
confederation,  v.  508 ;  letters  to,  from 
Vergennes,  explaining  his  policy  for 
America,  572,  577;  reports  to  Ver- 
gennes, vi.  20. 
Lygonia,  in  Maine,  i.  220,  221 ;  united 

to  Massachusetts,  29'J,  300. 
Lyman,  Phinehas,  general  of  New  Eng- 
land troops,  ii.  435 ;  bravery  of,  437. 
438. 
Lynch,   Thomas,    in  congress   at  New 
York,  iii.  149,  154;    on  property  in 
slaves,  v.  12. 
Lyttelton,  Sir  George,  in  parliament,  ii. 
409;    chancellor  of    the  exchequer, 
417;  favors  taxing  America,  iii.  188; 
pvotests  against  repeal  of  stamp-act. 
210,  211.  ' 

Lyttelton,  Richard,  governor  of  South 
Carolina,  rouses  the  enmity  of  the 
Cherokees,  ii.  513,  514;  duplicity  and 
perfidy  of,  515,  617;  praised  by  the 
board  of  trade,  618;  transferred  to 
Jamaica,  518;  in  parliament,  re- 
proaches Lord  Chatham,  iv.  105 ;  on  . 
the  negroes  and  their  uses  in  South 
Carolina,  282. 

M. 

McCall  and  his  Georgians,  with  Morgan. 
V.  480.  °     ' 

McClary,  Andrew,  killed  at  battle  of 
Bunker  Hill,  iv.  230. 

Maccrca,  Jane,  murder  of,  v.  164. 

McCulloh,  in  North  Carolina,  iii.  51. 

Macdaniel,  killed  at  Fort  Moultrie,  iv 
406,  407. 

Macdonald,  Donald,  and  Highlanders,  iv. 
386,  887. 

Macdonald,  Flora,  iv.  386. 

Macdonell,  and  the  savages  on  the  Sus- 
quehannah,  v.  332. 

Maedougall,  "  Son  of  Liberty,"  in  Now 
York,  iii.  370  ;  moves  for  association 
for  aid  and  defence,  iv.  176,  177; 
superintends  embarkation  of  troops 
from  Brooklyn,  v.  36,  37;  in  battle 
at  Chatterton  Hill,  74 ;  Washington's 
letter  to,  102 ;  at  Germantown,  193, 
194 :  on  the  committee  from  the  iirmy 
to  congress,  vi.  69,  Gl. 


;i  i 


530 


INDEX. 


'■li   III 


(Ji  : 


:|| 

!  . 

■      i 

i ; 
!.i 

§ 

' 

* 

t 

■1 

I-! 


If  illi 


ilM  11 


!:    I 


il  ' 


Macdowell,   with    the    North  Carolina 

militia,  v.  396,  397. 
Mcllcnry,  in  the  federal  convention,  vi. 
306;   answers  Luther  Martin  before 
the  Maryland  assembly,  410. 
Machias,  Maine,  vessels   seized  by  the 

peopleof  (1775),  iv.  184. 
Maekean,     in    Philadelphia,    iv,    422; 
president  of  Pennsylvania  conference, 
432,  433 ;   in  the  state  convention, 
supports  the  federal  constitution,  vi. 
382,  388,  390. 
Mackinaw,  a  mission  station  and  centre 
of  fur-trade  of  Lower  Canada,  ii.  103 ; 
loss  of  fort  at,  in  Pontiac's  war,  iii. 
45 ;  massacre  by  the  Indians,  45. 
Maclaine,  A.,  in  North  Carolina  state 
convention  on  the   federal   constitu- 
tion, vi.  461. 
Maclelland,  sufferings  and  death  of,  in 

Canada  expedition,  iv.  300. 
Macleod,  Donald,  and  the  Highlanders, 

iv.  387;  death  of,  389,  390. 
Macpherson,   death   of,   at    assault  on 

Quebec,  iv.  308. 
Madison,  James,  ii,  395  ;  iv.  180 ;  in 
the  Virginia  conveotio'  ,  415;  amend- 
ment on  religious  freedom  offered  by, 
and  adopted,  417  ;  course  in  congress, 
v.  453,  435 ;   report  to  congress  on 
coercive  powers,  457  ;   on  collecting 
revenue,  508 ;  course  of,  on  the  reve- 
nue  question,   vi.    63-65 ;    plan   for 
revenue  (1783),  79;  retires  from  con- 
gress by  rule  of  rotation,  105 ;  urges 
national  measures,   121,  122;   letter 
to  II.  IL  Loo,  1 24  ;  opposes  support 
of  religion  by  the  state,  156,  157 ;  on 
the  evils  of  paper  money,  1Y4-176; 
wise  course  of,  183,  185';  author  of 
the  declaratory  preamble  of  the  Vir- 
ginia legislature,    197,    198;   chosen 
delegate  to  the   federal  convention, 
198  ;  prepares  outline  of  federal  con-  j 
stitution,   202  ;    principles    of,   202, 
203;   in  the  convention,  208,   216-1 
218,  220,  222;  on  term  of  senators, 
245;   opposes   Ellsworth,    251,   252; 
on  the  committee's  report,  256 ;   on 
standard  of  representation,  265  ;  ela- 
borate  speech   in  convention,    268  ; 
on  national  and  state  I  gislation,  271 ; 
jurisdiction  of   federal  courts,  272; 
on    distribution   of    representatives, 
294,  295 ;  on  qualifications  of  mem- 
bers of  congress,  295 ;   on  property 
qualification,  298 ;   decides   question 
against  paper  money,  303 ;  on  inter- 
ference   with    contracts,    305,    ^,06; 
propositions  offered,  312;   views  on 
election  of  president  ,time  of  ofFiec, 


etc.,  328-330;  on  treaty  power,  im- 
peaehment,   etc,  345,   346;  desires 
judiciary  to  have  veto  power,  348 ;  on 
establishing  a  university,  361 ;  on  the 
pardoning  power,   362;    on  amend- 
ments, 363 ;  approves  Massachusetts 
policy,  406 ;  convention  called  on  the 
federal  constitution  (1787),  410;  meets 
(1788),  411 ;  conduct  of  enemies  and 
friends  of  federal  government,  412; 
constitution  ratified  without  amend' 
ments  proposed,  413;  no  disposition 
toward  a  separate  confederacy,  413 ; 
in  the  state  convention  earnestly  and 
vigorously  supports  the  federal  con- 
stitution,  426-436 ;  letter  to  Ilaniil- 
ton  on  conditional  ratification  of  the 
constitution,  459 ;  elected  to  the  house 
!      of  representatives,  467 ;  forebodings, 
468  ;  speech  on  protection,  468,  469. 
j  Magaw,  Colonel,   with   Washington,  v. 
37 ;  in  command  at  Fort  Washington, 
I      75,  70 ;  summoned  to  surrender,  77 ; 
battle  on  the  heights,  78;   Hessians 
advance,  Americans   beaten,  surreu- 
ders,  79,  80. 
Maine,  eaily  Frencli  attempts  in,  i.  19; 
I      visited  by  Pring  and  Waymouth,  81, 
I      82  ;  Argall's  attack  on  Mount  Desert 
j      Isle,   105,   100 ;  patent  for  Laconia, 
i      217 ;  Gorges  invites  the  Scotch  to  colo- 
nize in,  218,  219  ;  united  with  Massa- 
1      chusetts,  300;   Indian  war  in,  394; 
purchased    by   Massachusetts,   397 ; 
given    up    by    Massachusetts,   404  ; 
French  and  Indian  warfare  in,  ii.  182, 
183 ;    maritime   enterprise  of,   221 ; 
joins  Massachusetts  in  ratifying  the 
federal    constitution,   vi.   405,  400 ; 
encroachments  of  England  upon,  403. 
Malcolm,  Daniel,  a  Boston  patriot,  iii. 

231;  arrested,  316. 
Malesherbes  and   Louis   XV.,  iii.  417, 
418;  exiled,  418;  under  Louis  XVI. 
in  the  department  of  Paris  and  the 
police,  iv.  41  ;   in  favor  of  a  peace 
policy,  364  ;  retires,  309 ;  appreciates 
Franklin,  v.  252. 
Mainbre,  Z.,  missionary  among  the  In- 
dians, ii.  99. 
Mandamus  councillors,  in  Massachusetts, 
appointed  by  the  king,  iv.  20;  give 
way  and  resign,  49,  50. 
Manhattan  Island  (New  York),  purchased 
from  the  Indians,  i.  495,  490  ;  popu- 
lation of  (lO^f ),  496 ;  progress  of  set- 
tlement under  Stuyvesant,  511,     See 
New  Netherland  and  New  York. 
Manigault,  Judith,  a  Huguenot,  sad  ex- 
periences of,  in  Carolina,  i,  433 ;  no- 
ble conduct  of  hcT  son,  434. 


1 

t 


.   t 


INDEX. 


531 


lions  the  In- 


'   Manigault,  Pierre,  husband  of  Judith,  i. 
433.  ' 

Manly,  John,  and  the  pinc-trcc  flas.  iv. 
321.  °' 

Mansfield  (William  Murray),   earl    of, 
chief  adviser  of  the  crown,  ii.  338, 
339;    of  the  Whig  partv,  410;    on 
the  dilfcrence  between  English  and 
Americans,  U1,  448 ;  on  free  ships 
and  free  goods,  450;  lord  chief  jus- 
tice,  457  ;  opinion  on  the  acts  of  the 
Pennsylvania  assembly  (1760),  529 
630  ;  on  James  Otis,  iii.  82  ;   speech 
in  house  of  lords,  190-194;  reiterates 
right  and  power  of  parliament,  209 
210 ;  on  the  folly  of  the  Americans' 
247  ;   advises  to  crush  Boston,  301  • 
reply  to  Chatham,  365 ;  on  freedom' 
of  the  slave  in  England,  411,  412- 
advocates  Boston  port  bill,  475;  also' 
the  taking  away  Massachusetts  char- 
ter, 477 ;  on  Lord  North's  proposition 
IV.  119,  120;  supports  North's  meas-  \ 
ures,  288 ;  ridicules  idea  of  suspend-  l 
ing  hostilities,  329 ;    unmoved,  sees  I 
Chatham  stricken  down,  v.  254,  I 

Manteo,  an  Indian  in  Carolina,  i.  70  ■  I 
bE.ptized,  and  made  lord  of  Roanoke'  I 
76.  ' 

Manufactures,  American,  laws  against  i 
(1700),  ii.  81  ;  restricted  (1721),  241, 
242  ;  further  restrictions  (1750),  356,'  ' 
357;  still  further  restrictions  (1765)|  I 
iii.  71, 108, 117  ;  home  manufactures, 
108  ;  non-importation  agreement,  159   I 
264;  American,  preferred  in  Massa-  [ 
chusetts,  277 ;  congress  wish  to  fos-  j 
tor,  V.  560;  in  Pennsylvania,  vi.  1S5;  ' 
on    management   of,   307 ;    in    New  ; 
York,   455;    in  congress  debate  on  ' 
protection,  manufactures,  etc.,  468. 
Marblehead,  Massachusetts,  response  to 
Boston,  iii.  426  ;  olfors  use  of  harbor, 
etc.,  to  Boston  (17^4),   iv.   24,  25; 
fishermen  of,  at  the  crossing  of  the 
Delaware  (1776),  v.  96. 
Marbois,  on  affairs  in  the  United  States 

(1784),  vi.  124. 
Marest,  Jesuit  missionary,  ii.  186. 
Marie  Antoinette,  queen  of  France,  iv. 
38;  friend  to  the  United  States,  v. 
242  ;  receives  tlie  American  commis 
sioiicrs,  250;  spirit  and  purpo.se  of, 
267,  268;    regard  of  Americans  for, 
827;  with  Louis  XVL,  invites  Wash- 
ington to  visit  France,  vi.  177. 
Marion,    Francis,    ii.    517,   550;    with 
Moultrie,   iv.   403 ;    ever  brave   and 
active,  v.  394 ;  alert  against  the  ene- 
my, 401  ;  liuiti.'iniiv  of.  and  fiuceesfi 
402,  478 ;   active    service  in  South 


Carolina,  498-601 ;  at  battle  of  Eu- 
taw  Springs,  503. 
Markham,  archbishop  of  York,  on  coIo- 

nial  liberty,  v,  143,  144,  224. 
Markham,  William,  goes  to  Pennsylva- 
nia,  i.   554,  556,  557;    ii.  28;    gov. 
ernor  of  Delaware,  ii.  25;  governor 
of  Pennsylvania  (1695),  28. 
Marquette,   James,    missionary    among 
the  Ojibwas  in  Michigan,  ii.  162  ;  life 
of  missionaries,   152,   153;  purposes 
to  discover  the  Mississippi  river,  163  • 
with    Jolliet,  reaches  the  Wisconsin 
river,    155;   enters    the   Mississippi 
156;  first  to  tread  the  soil  of  Iowa, 
156;   descends  below  the  mouth  of 
the  Arkansas  river,  157,  158;  on  re- 
turn,  enters  the  Illinois  river,  158; 
death  of,  and  character,  159. 
Marshall,  Christopher,  views  of,  iv.  433 
Marshall,  John,   iv.   319;   in  Virginia 
legislature  (1787),  in  favor  of  con- 
I      vention  for  new  constitution  of  the 
j      United  States,  vi,  378;   defends  the 
I      constitution  in  state  convention,  429 
I      430.  '        ' 

j  Martha's  Vineyard,  Massachusetts,  raid 
I      of  British  on,  v.  286. 
j  Martin,  J.,   royal    governor   of   North 
j      Carolina,  iv.  198;  flees  to  a  ship-of- 
war,  259 ;  gets  arms  from  Dunmore, 
S20 ;  offers  to  subdue  the  province, 
382;  raises  a  regiment  of  Highland- 
crs,  386;  proclamation  of,  386,  887; 
burns  the  house  of  Hooper,   a  dele- 
gate to  congress,  397,  398;  in  New 
York.  V.  27. 
Martin,  Luther,  of  Maryland,  in  the  fed- 
eral convention,  vi.  225,  233,  239 ;  on 
the  paper  money  question,  303;   on 
subduing  rebellion,  311;  on  treason, 
314;    on    the   slave-trade,   316;    ar- 
raigns the  federal  convention  before 
the  assembly  of  Maryland,  410. 
Martinique,  conquest  of,  bv  Kcdney  and 

Monckton  (1762),  ii.  555. 
Maryland,  named  after  Queen  Henrietta 
Maria,  i.  157  ;  George  Calvert  obtains 
charter  for,  north  of  the  Potomac,  157; 
provisions  of  charter,  157,  168;  Vir- 
ginia opposed  to  new  colony,  169; 
company  of  adventurers  explore  Po- 
tonuic  and  plant  St.  Mar^'n,  160; 
liberty  of  conscience  and  toleration, 
161,  162;  legislative  rights,  162; 
popular  assemblies  and  English  liber- 
ties,  163, 165  ;  Lord  Baltimore's  offers 
to  the  Puritans,  165;  im-emption 
right,  165,  166 ;  trouble  with  the  In- 
i.!!'.n?,  165;  disputes  between  Roman 
Catholics  and  Protestant.^,  166,  167; 


532 


INDEX. 


im^  i 


I  I 


M:n 


!   t 


4ih'-\: 


'  \  n 


Nifn 


Trotcatant  governor  appointed,  167; 
oath  and  law  for  religious  liberty, 
168  ;  civil  rights  secured,  169  ;  dis- 
puted administration,  170. 

Under  Long  Parliament  and  Crom- 
well, 170-172;  Protestants  take  pos- 
session of  the  government,  173;  af- 
fray and  loss  of  life,  173,  174  ;  strug- 
gle for  power,  174;  popular  sover- 
eignty prevails,  175,  176;  after  res- 
toration of  Charles  II.,  a  refuge  for 
the  oppressed,  etc.,  437 ;  coinpromise 
as  to  taxation,  438;  laws  revised,  no 
convicts  to  be  imported,  439;  popu- 
lar discontent,  restriction  of  suffrage, 
439 ;  sectarian  struggles,  440 ;  Prot- 
estants in  power,  Roman  Catholics 
disfranchised,  440;  charter  threat- 
ened, 440,  441 ;  high  tory  notions, 
441  ;  revolution  under  Coode,  441. 

The  "Protestant"  association,  i. 
441;  ii.  20,  21;  Lord  Baltimore  dis- 
franchised, 21,  22;  Church  of  Eng- 
land established,  21,  22;  a  royal 
province,  21 ;  progress  and  popula- 
tion of,  22,  S3 ;  the  proprietary  re- 
stored on  becoming  a  Protestant,  23 ; 
the  people  restless  and  excited,  257,* 
258;  condition  of  (1754),  395;  raises 
troops  for  expedition  of  Forbes,  492 ; 
reproved  for  disobedience,  557. 

Not  ready  for  a  congress  (1765),  iii. 
120;  favors  a  congress,  147;  chooses 
delegates     to     continental    congress 
(1774),  iv.   24;    contributes   to  help 
Boston,  28,  29;  punishes  importers  of 
tea,    71;    action   of  convention,  89; 
spirit  of  (1775),  179;    firm  and  reso- 
lute, 252 ;  throws  off  proprietary  con- 
trol,   252,    253;    convention   at  An- 
napolis, 253 ;  votes  men  and  money, 
253;  hesitates  to  separate  from  the 
mother  country,  315;  course  pursued 
as  to  independence,  419  ;  constituent 
convention  and  action,  434;  declara- 
tion  of  independence,  how  received 
(1776),  V.  3;    point  of,  as  to  north- 
western lands  (1778),  283,  284;  rati- 
fies articles  of  confedcation  and  union 
(1781),  454;  the  legislature  on  Wash- 
ington's  letter,  vi.  96,  97;  proposes 
reform    in    the   confederation,   136; 
laws  as  to  paper  money,    172;  sug- 
gests a  politico -commercial  conven- 
tion,   181;    against   the    slave-trade, 
316;  Washington  in  Baltimore,  470. 
Mascoutins,  Indians,  ii.  95,  155. 
Mason  and  Dixon's  line,  i.  570. 
Mason,  Ceorge,  address  to  legislature  of 
Virginia  on  slavery,  iii.  413,  414;  in- 
fluence of  (1774),  i  v.  17;  resolutions 


of,  29;  in  convention  at  Piichmond 
(1775),  255 ;  in  Virginia  constituent 
convention,  415;  able  and  energetic 
drafts  declaration  of  rights,  416 ;  let' 
ter  of  Washington  to,  v.  318, 'siO 
449,  450  ;  on  Washington's  letter,  vi'. 
96 ;  in  the  federal  convention,  208* 
217,218,  220,  221,  224;  speech  of! 
on  legislature  of  two  branches,  242, 
243 ;  on  compromise,  256 ;  on  slavcry| 
262;  on  slave  representation,  264* 
265 ;  on  property  qualifications,  271 1 
on  ratification  of  the  constitution,  273  • 
on  qualification  of  members  of  con' 
gress,295;  on  electors,  297 ;  views  as 
to  paper  money,  302  ;  on  encourage- 
ment of  manufactures,  307;  on  the 
militia,  312,  313;  on  treason,  free 
trade,  etc.,  314,  316;  on  the  "infer- 
nal traffic,"  317;  on  the  doom  of 
slavery,  321,  322;  on  the  mode  of 
electing  president  of  the  United  States, 
term  of  office,  etc,  327,  328,  332;  on 
the  electoral  college,  335-337;  re- 
fuses to  sign  the  constitution,  364, 
365 ;  objections  of,  to  the  constitu- 
tion, 376 ;  in  Virginia  state  conven- 
tion vigorously  opposes  the  federal 
constitution,  426-435 ;  rather  sore  at 
the  result,  437. 

Mason,  John,  patents  obtained  by,  i 
217,  218  ;  proprietary  of  New  Ilampi 
shire,  and  death  of,  276 ;  claim  re- 
vived, 397-399. 

Mason,  John,  commander  in  the  war 
against  the  Pequods,  i.  266-268. 

Mason,  Robert,  looks  after  his  rights  in 
New  Hampshire,  i.  395,  398. 

Mason,  Thomas,  of  Virginia,  the  great 
lawyer,  on  wrongs  done  to  Boston, 
iv.  35. 

Mass,  Roman  Catholic,  first  celebrated 
in  Maryland,  i.  161. 

Massachusetts,  company  in  England 
buy  territory  of  Plymouth  Company, 
i.  222,  223  ;  charter  confirmed  by  the 
king,  224 ;  principles  of  government, 
224-226  ;  emigration,  226,  227  ;  in- 
dependency in  religion,  228  ;  banish- 
ment of  "Episcopalians,  228,  229 ; 
charter  transferred  to  Massachusetts, 
231,  232;  Winthrop  and  company's 
farewell  to  England,  234,  235  ;  char- 
acter and  object  of  the  company,  235, 
236  ;  arrival  at  Salem,  236 ;  'settle- 
ment at  Charlestown,  Boston,  Rox- 
bury,  etc.,  237 ;  ecclesiastical  arrange- 
ments, 238  ;  civil  government,  239 ; 
severities  of  autumn  and  winter,  239, 
240;  arrival  of  supplies,  241. 

Oath  of  fidelity,  qualifications  for 


INDEX. 


at  Richmond 
ia  constituent 
ind  energetic, 
;lit8,  416;  let- 

V.  318,  310, 
on's  letter,  vi, 
Tcntion,  208, 
i;  speech  of, 
)ranchoH,  242, 
6 ;  on  slavery, 
intation,  2(54, 
ications,  271 ; 
ititution,  273 ; 
nboi'S  of  con- 
297;  views  as 
)n  cncourago- 

307 ;  on  tlie 
treason,  free 
n  the  "  infer- 
the  doom  of 

the  mode  of 
United  States, 
328,  332 ;  on 
^35-337;  re- 
titution,  364, 
the  constitu- 
3tatc  convcn- 

thc  federal 
ather  sore  at 

taincd  by,  i. 
'  New  Ilamp. 
'6 ;  claim  re- 
in the  war 
!G6-2G8. 
'  his  rights  in 
398. 

lia,  the  great 
3  to  Boston, 

St  celebrated 

in  England 
th  Company, 
Srnied  by  the 

government, 
26,  227 ;  in- 
228 ;  banish- 
,  228,  229; 
assachusetts, 
d  company's 
I,  235 ;  char- 
onipany,  235, 

236;  settle- 
Joston,  Rox- 
tioal  arrange- 
nment,  239 ; 

winter,  239, 

241. 
ifications  for 


suffrage  (1631),  243,  244 ;  annual 
election,  244 ;  friendly  relations  with 
the  Indians,  244;  fellowship  with 
rilgnma  at  Plymouth,  244,  245 ;  ar- 
rival  pf  emigrants,  245  ;  written  con- 
stitution demanded,  247 ;  dispute  as 
to  powers  of  assistants  and  deputies, 
248 ;  religion  the  bond  of  tiie  colonists 
^48  ;  religious  divisions,  259,  260 

111  repute  in  England  (1033),  273. 
274;  charter  demanded,  quo  war- 
ranto  274,  275;  persecution  adds 
numbers  to  the  colony,  276  277- 
talk  of  independence,  278 ;  growth 
and  strength,  280,  281;  declines 
treating  with  Long  Tarliament,  281  • 
9«W«/^"''''■'''■■''"  provisions  of,' 
OQ-  oti  ^"'''"^  '^"'^  town-meetings, 
ill'  ?  ;  ™""'^t«''8,  how  chosen, 
286 ;  land,  how  held,  286,  287  ;  re! 
fuses  allegiance  to  King  Charles  I.. 

Zoo,  ' 

Progress  of  civil  liberty  (1644), 
301  ;  strength  of  the  government 
rfU^;  parties  on  powers  of  man-i«. 
trates  and  of  people,  302,  303  ;  P?es. 
byterian  effort,  304,  305;  general 
court  and  synod,  306 ;  remonstrance 
to  parliament,  307,  308 ;  appeal  and 
answer,  308:  "platform  of  church 
disciphne,"  308,  309 ;  dispute  as  to 
war  against  New  Amsterdam  309- 
Cromwell's  course,  310  ;  intolerance 
and  persecution,  311,812;  free  schools 
and  college,  315. 

Course  pursued  on  restoration  of 
Charles  II.,  356;  address  to  the  kin"-, 
«l°r  ^^"J  '    P''ecautionary    measures| 
1    o^i   '  ™^'''  commissioners  worst- 
l^o      ,'u'^®'   complaint  to  the  king, 
^78;   debate  in  general  court,  379'- 
Maine  retaken,  380;    privy  council's 
course,  380,    381;    prosperitv,   382- 
towns  burned   by  the  Indians,  391- 
8chcmes    against    the   charter,   395- 
agents  sent  to  England,  396 ;  Maine 
purchased,   397;    British   monopoly 
401;    quo  xoarranto  against  charter! 
40i ;  synod  and  general  court,  402! 
403 ;  proposal  of  committee  on  plan- 
tntrons.  403  ;  long  debate  on  surren- 
der .M  charter,  404-406 ;  adjudged  to 
be  fiifeited,  406;  all  power  fa  the 
crown,  407. 

Revolution  in  1689,  i.  598;  new 
general  court,  600;  course  pursued 
after  the  revolution  of  1688,  ii.  50,  51  • 
witclicruft  believed  in,  nenalty  death' 
51 ;  (  otton  Mather  active  in  the  mat- 
ter, 52,  53;  William  III.  and  new 
charter.  54,  iiS  ;  t.'l'»at(r..,  «of„i,i!,i._  1 


633 


55,  66 ;  territory  of,  increased,  66  • 
witchcraft  craze,  61-56;  change  of 
opinion  respecting  witchcraft,  67 -new 
government,  68  ;  refuses  to  vote  sklary 
to  the  governor,  68,  69 ;  issues  bills  of 
credit,  181,  182;    disasters  and  sor- 

i?.r,^o"™  ^^^  ^'''^"'^''  '»"'!  Indians, 
195-198;  bounty  offered  on  scalps 
198  ;  war  against  the  eastern  Indians' 
219-221 ;  resists  Shute,  246 ;  expiana! 
tory  charter,  250,251;  rebuked  by 
the  house  of  commons,  252;  inde- 
pendent spirit  of  (1748),  341,  342- 
adopts  metallic  currency,  348;  im! 
poses  tax  to  meet  war  expenses,'483  ■ 
angry  at  Uutchiuson's  appointment,' 

Spirit  of  the  assembly  (1764),  iii 
90 ;    censured    for    disrespect,  '  94  • 
events   in,   217;    action  of    general 
court,  233,  234;  disputes  the  billet- 
ing  of  troops,   239;    the    assembly 
plans  resistance,   272;   letter  of  in- 
structions to  agents,  273  ;  petition  to 
the  kmg,  274,  275 ;  circular  of,  to  the 
other  colonies,    275,   276;    commis- 
sioners  of  revenue  send  memorial  to 
England,  276,  277 ;  importations  dis- 
couraged, 277 ;  Hillsborough  demands 
resolves  of,  to  be    rescinded,   293- 
sympathy  of  other  colonies  with  293' 
294;    without  a  legislature,  307-    J 
convention  summoned,   308;   meets 
310;  firmness  ofthe  council,  310  311  •' 
Eixdays' session  of  the  convention,  and 
action,  311;    commissioners  of  reve- 
nue return  to,  314;    Bernard  keeps 
up  a  ferment  in,  331,  332  ;  denounces 
Bernard,  343  ;  ten  months  without  an 
assembly,  348 ;  refuses  Bernard's  de- 
mands, 350;  the  assembly  prorogued, 
of.8;  asserts  its  nghts,  380;  charter 
violated  by  the  king,  388,  389 ;  the 
assembly  protests    against    interfer- 
ence, 404 ;  rates  Hutchinson  for  veto- 
ing  the  tax  bill,  405  ;  protests  against 
the  civil  list,  415,  416;  town-meetings 
and   correspondence  of  (1772),  426, 
427;    spirit  of  the  country  people! 
429;  towns  continue  to  meet  (1773) 
431,  432;  answer  of  the  assembly  to 
Ilutchmson,  432-434  ;  encouraged  by 
\jrginia,   4S7;     thanks   returned  to 
Virginia,  440;    action  of  the  legisla- 
ture on  Hutchinson's  letters,  440,  441  • 
asks  for  his  removal,  441 ;  the  towns 
speak  out,  442  ;  secret  circular  sent  to 
all  the  colonies  to  resist  tea  importa- 
tion, 445,  446 ;    the  towns  ioin  with 
Boston,  450-453 ;    votes  the  judges* 
salaries,  468. 


11^ 


534 


INDEX. 


1 1 


I 


I      « 


The  charter  to  bo  Pubvcrtod  (1774), 
iv.  20,  21 ;  patriots  of,  to  be  arrestid, 
20;  the  legislature  meets  in  f^aleni, 
22;  proceedinj^'n  of  tlic  council  and 
the  house,  22;  doors  locked,  dele- 
gates to  continental  conjjresa  chosen, 
2'{ ;  regulating  act  in,  43,  44 ;  two 
other  odious  acts,  45;  I'epperell  an- 
swers Boston,  40;  spirit  of  resist- 
ance in,  40,  47;  number  of  the  mili- 
tia,  47 ;  New  Ilampsliiro  courts  bro- 
ken up,  48,  49  ;  the  mandamus  coun- 
cillors give  way  and  resign,  49,  60; 
delegates  to  congress  in  Connecticut, 
no,  61  ;  reach  the  Hudson,  fil ;  Suf- 
folk comity  convention,  54  ;  the  peo- 
ple rise,  55,  67  ;  good  conduct  of,  50 ; 
councillors  resign,  50  ;  the  court  of 
Worcester  interrupted,  59;  resolu- 
tions of  the  Suffolk  convention,  59, 
00 ;  formation  of  regiments,  00 ;  wish- 
es to  revive  the  old  charter,  00,  01  ; 
resistance  of,  ajiproved  by  congress, 
72  ;  the  assembly  forms  a  provincial 
congress,  78;  prepares  for  war,  79; 
fortitude  and  resolution  of,  94 ;  con- 
dition of  the  clergy,  etc.,  95. 

The  second  provincial  congress 
(1775),  iv.  121  ;  committee  of  safetv, 
121 ;  measures  for  defence,  121, 122; 
gets  news  from  England,  steps  tak(m, 
148;  soothes  tlic  Indians,  and  pre- 
pares for  war,  148,  149;  the  people 
of,  rush  to  camp,  lOS  ;  proposes  to 
raise  13,00(i  (out  of  30,000)  for  an 
American  army,  109;  encouraged  by 
the  support  of  Connecticut  and  Rhode 
Island,  171;  character  of  the  army 
about  Iloston,  171  ;  no  unity  in  the 
army  as  yet,  want  of  stores,  etc.,  173  ; 
want  of  money,  notes  issued,  174; 
asks  congress  for  direction,  203 ;  asks 
congress  to  take  charge  of  the  army, 
203;  organizes  government,  242; 
Warren  speaker,  Uowdoin  president 
of  council,  242 ;  raises  money  242 ; 
prompt  action  on  receiving  the  king's 
proclamation,  272;  in  favor  of  pro- 
claiming independence,  429;  on  se- 
curing right  to  the  fisheries,  520,  627; 
opposes  measures  of  congress  in  lay- 
ing duties  (m  imports,  500. 

Declaration  of  independence  re- 
ceived (1770\  v.  5  ;  slavery  in,  413; 
new  constitution  rids  the  state  of 
slavery,  417,  418;  question  before 
the  courts,  and  decision,  418-421; 
rights  of  conscience  in,  421 ;  how 
Washington's  advice  was  received,  vi. 
93 ;  instructs  delegates,  140 ;  fur- 
thor  movements  in,   141;   delegates 


disobey  instructions,  and  result,  146 
147;  laws  and  course  as  to  paper 
money,  108,  169;  views  of,  as  to  a 
general  convention,  188,  189;  insur- 
rection  in,  how  dealt  wilh,  200,  201  • 
accepts  invitation  to  the  convention' 
201 .  afraid  of  the  western  states' 
263,  204  ;  state  convention  called  on 
the  federal  constitution,  !>96  ;  condi- 
tion  of  the  state,  and  elections,  896 ; 
convention  opens,  897  ;  objections  as 
to  property  cpialifications,  rcpresenta- 
ti(m  of  slaves,  etc.,  398,  399 ;  period 
of  office  for  senators,  899 ;  the  con- 
vention wavers,  400,  401 ;  friends  of 
the  constitution  rally,  401  ;  the  slave- 
trade,  402,  404;  resolutions  as  to 
amendments,  402, 403 ;  these  referred 
to  a  committee,  which  reports  ap- 
l)rovaI  of  the  constitution,  404 ;  ob- 
jections on  the  score  of  a  bill  of 
lights,  405  ;  the  constitution  ratified, 
405,  400 ;  refuses  a  second  federal 
convention,  466. 

Massachusetts  bay,  firtt  settlements  on 
i.  221. 

Massachusetts  Bay  Company.  See  Mas- 
sachusetts. 

Massasoit,  Indian  sachem,  makes  a 
treaty  with  the  Pilgrims,  i.  210. 

Masts,  ship-load  of,  sent  to  England,  i. 
880 ;  royal  monopoly  of  pine-trees  of 
the  north,  ii,  241. 

JIatagorda  bay,  visited  by  La  Salle,  ii. 
172. 

Mather,  Cotton,  ii.  60  ;  active  in  witch- 
craft prosecutions,  62-54,  61-66; 
"liook  of  Memorable  Pi'ovidences," 
58,  59 ;  gets  Dudley  appointed  gover- 
nor  of  Jlassachusctts,  68:  calls  for  a 
synod,  202. 

Mather,  Increase,  ii.  60,  61 ;  on  new 
charter  of  Massachusetts,  54,  55 ; 
nominates  Sir  W.  Phips  governor,  67 ; 
objects  to  Franklin's  "  Courant,"  258. 

Mather,  Richard,  aids  Weldc  and  Eliot 
in  translating  the  Psalms  from  the 
Hebrew  into  metre  (1640),  i.  280. 

Matthew,  General,  raids  in  the  Chesa- 
peake on  tobacco  plantations,  v.  327, 
328. 

Matthews,  Samuel,  governor  of  Virginia, 
i.  149;  death  of,  149. 

Mauduit,  Israel,  acting  agent  for  Mas- 
sachusetts, iii.  71  ;  of  old,  adviser  of 
the  stamp-tax,  401. 

Mauduit,  Jasper,  agent  of  Massachu- 
setts,  ii.  553;  iii.  08;  with  the  other 
American  agents  thirdcs  the  colonies 
will  submit  to  the  stamp-tax,  iii.  105. 

Maurepas,  Caron  de,  chief  minister  of 


>4 


INDEX. 


535 


Louis  XVI.,  iv.  89  ;  character  of,  09 
40;  inainuationa  of,  against  Tur.'ot 
870  ;  aroused,  v.  20;  advice  of  licau- 
marclmis  to,  131,  l;52  ;  advice  of 
!>  redone  of  Prussia  to,  '241 ;  yields  to 
an  alliance  with  the  United  States, 

206  ;  death  of,  523.  ^  ' 

Maury,  Kev.  J.,  i„  Virginia,  iii.  06. 
Maverick,   Samuel,  at  East   Boston,  i. 
2-3;    a   royal  commiasioner  (1001) 
376.  " 

Mawhood,  Hrltish  officer  at  Princeton 
V.  106,  107,  "-i-iuii, 

Maxwell,  (iencral,  at  Morristown,  New 

,m!^'*'^'^.  V.\-'  ^'''"^■'^  Kli/abethtown, 
108  ;  with  Washington,  179;  at  Ger! 
mantown,  193;  at  Connecticut  Farms 
New  Jersey,  42 1.  ' 

"'iJ'  ?•  f-'  V  '^^^'^  fi""^'  director.  New 
Netherland,  495. 

Mayflower,   the  Pilgrims'   ship  (1020), 

Mayhcw,'  Jonathan,  of  Boston,  denounces 
tyranny  and  priestcraft  (1749),  ii.  353 
-^^4  jpatriotic,  552,  5.-,3  ;  public  .spirit 
or.  111.  83 ;  strong  for  liberty,  but  dis- 
approves violence,  130,  137;  ovation 
to  Pitt,   214;   advises  union  of  the 
colonics,  220 ;  death  of,  220 
Mayhew,  Thomas,  father  and  son,  mis- 
sionaries to  the  Indians,  i.  385  •  the 
son  lost  at  sea,  385. 
Mazzei,  Philip,  vi.  121. 
Mecklenburg    county,   North   Carolina 
declares   independence  and  forms  a 
government  (1775),  iv.  190-198;  pub- 
lishesits  resolves,  lt>8;  sends  tootlier 
colonies  and  congress,  198. 
Mecom,  Benjamin,  editor  of  "  Co'inecU 

cut  Gazette,"  iii.  159. 
Meigs    Ueturn,  of  Connecticut,  attacks 
a!ul   destroys   British    transports    at 
feag  Harbor,  New  York,  v.  162 
Melcndoz  do  Aviles,  P.,  i.  54,  55 ;  founds 
St.  Augustine,  Florida,  50 ;  massacres 
the  lireneh  colony  in  Florida,  57,  68 
Menomonies,  Indians,  ii.  93. 
Mercantile  system  of  Europe,  develon- 
mcnts  of,ii.87;  of  Portugal,  Spain, 

oV>  l\\,^^'^  ''I'i''''^^  to  the  colonies 
241,  242.  ' 

Mercer,  Colonel,  killed  at  Oswego,  ii. 

Mercer,   Hugh,   ii.   455;   at  Pittsburg, 
496;  letter  to  Washington,  iv.  140- 
colonel  of  Virginia  troops,  S21  •  cen' 
cral  at  battle  of  Princeton,  v   100 
107 ;  mortally  wounded,  100.  ' 

Mercer,  John  Francis,  of  Maryland,  in 
congress  (1783),  course  of,  vi.  96;  in 


the  federal  convention,  on  a  privy 
council  for  the  president,  343-  on 
the  judiciary,  349.  ' 

Meredith,  Sir  ^V.,  friendly  to  America, 
iii.  102,  330.  ' 

Mcrmet,  a  Jesuit  missionary,  ii.  180 

Merrill,  Captain  Benjamin,  murdered  by 
Tryon,  iii.  4()2. 

Mcsnard.  I{en6,  missionary  to  the  Cayu- 
gas,  ii.  148;  on  Lake  Superior,  150; 
lost  near  Green  Bay,  150. 

Methodists  opposed  to  slavery,  v.  422  • 
origin  of,  vi.  100;  missions,  superin' 
tendents,  etc.,  for  America,  100-103- 
opposed  to  slavery,  103;  increase  of' 
in  the  United  States,  101.  ' 

Miami  river,  ii.  304,  360. 

Miamis,  Indians,  powerful  confed- 
eracy, ii.  92,  155,  304;  council  of,  at 
I  iccpia,  304,  305 ;  in  Pontiae's  war. 
111.  41,  42.  ' 

Miantonomoh,  sachem  of  the  Narra"-an- 

setts,  gives  IJhode  Island  to  Bo.'cr 

Williams,  i.  203 ;  attacks  the  Mohe- 

gans,  295  ;  is  put  to  death,  295. 

Michigan,  ii.  186. 

Michigan,  Lake,  visited  by  La  Salle,  ii. 

Michilimackinac,  iii.  45.   Sec  Jlackinaw. 
Micmacs,   Indians,   and    Frontenac,   ii 

182;  harshly  dealt  with,  346. 
Middleton,  Arthur,  in  South  Carolina,  ii. 

215 ;  delegate  to  congress,  iv.  S-' 
Middleton,  Henry,  ii.  550,  551 ;  submits 

to  Cornwallis,  v.  393,  394 
Miffiin,  Thomas  (1774),  iv.  11;  elected 
a  burgess  of  Philadelphia,  70  ;  brave 
words  of  (1775),  178  ;  with  Washinr^. 
ton  at  New  York,  v.  34,  36 ;  in  com- 
mand of  Pennsylvania  regiments,  S'l  • 
good  service  of,  83 ;  in  the  "  cabal '' 
against  Washington,  210,  211 :  words 
of,   to    Gates,   212;    quartermaster- 
general,  blamed  by  Washington,  213; 
tries  to  excuse  himself,  216. 
Milborne,  son-in-law  of  Lei.-ler,  and  "  the 
Dutch  plot,"  i.  601  ;  executed  in  New 
York,  ii.  37. 
Milhet,  John,  of  New  Orleans,  iii.  310. 
Military  academy,  proposed   by  Wasli- 

ington,  vi.  103. 
Militia,  use  and  value  of,  v.  52 ;  ques- 
tion concerning,  in  the  federal  con- 
vention,  vi.  312,  313. 
Millar,  John,  oa  republican  government 
iv.  289.  ' 

Miller,  Thomas,  secretary  of  state,  col- 
lector, etc.,  in  xVorth  Carolina,  i.  424- 
426 ;  enforces  the  acts  of  navi"-at'on 
425.  °    "     ' 


I  I 


636 


INDEX. 


!  1)  ' 


/    I 


li' 


I  ill 


I  > 


H 


MingocB,  Indiana,  in  Pontiac's  war,  iii. 
44. 

Mint,  established  in  Massachusetts 
(1052),  i.  ao2 ;  established  by  cou- 
Krcss(1784),  vi.  11  y. 
Minuit,  Peter,  director-general  of  New 
Netherland,  buys  Manhattan  Island, 
i.  4y5,  490;  displaced  (1632),  600; 
leads  colony  of  Swedes  to  Delaware 
bay  (1637),  603. 
Mirabeau,  address  to  the  Germans,  v. 

223. 
Miruelo,  Diego,  i.  27. 
Mississippi  Company,  and  John  Law,  ii. 

227  ;  the  end  of,  229. 
Mississippi    river,    discovered    by    De 
Vaca,  i.  29 ;   tributaries  of,  discov- 
ered, 30;  entered  by  Marquette  and 
Jollict  on  the  north,  ii.  156  ;  La  Salle 
descends  to  Gulf  of  Mexico,    167; 
reached  by  Iberville  from  the  sea, 
188 ;   importance  of,  to  the  United 
States,  V.  308 ;  reserved  to  the  United 
States  by  the  backwoodsmen  of  the 
West,  309,  310,  etc.;  negotiations  re- 
spectinjr,    vi.    421,    422;    Virginia's 
views  and  claims,  423. 
Missouri,  visited  by  De  Soto,  i.  42,  43 ; 
St.  Genevieve  its  oldest  settlement, 
iii.  62,  152  ;  colonization  of,  152. 
Missouri  river,  visited  by  Marquette,  ii. 

157. 
Mobile,  Do  Soto  at,  i.  42,  43  ;  Iberville 

in,  ii.  188  ;  Fort  Coude  at,  235. 
Mobilian   language,   or  dialect   among 

the  red  men,  ii.  97,  98. 
Motfat,  petition  of,  to  the  legislature  of 

Uhode  Island,  iii.  233. 
Mohawks,  one  of  the  Five  Nations,  i. 
583  (see  Iroquois) ;  asked  to  be  neu- 
tral (1775),  iv.  148. 
Mohcgans,  attacked  by  the  Narragan- 
setts,  i.  2!)5  ;  faithful  to  the  English, 
393  ;  locality  of,  ii.  91. 
Molineux,  William,  of  Boston,  iii.  300 ; 
on  committee  to  meet  the  governor, 
(1770),  376,  377. 
Molyneux,  of  Ireland,  iii.  27,  28 ;  re- 
ferred to,  261. 
Monckton,  Colonel,  death  of,  in  battle 

of  Monmouth  (1778),  v.  277. 
Monckton,  Robert,  with  Wolfe,  ii.  603- 
610;    governor  of  New  York,   551, 
552  ;  takes  Martinique,  655. 
Monk,  General,  i.  343 ;   duke  of  Albe- 
marle,  one  of  the  proprietaries  of 
Carolina,  408  ;  a  palatine,  420. 
Monmouth,  New  Jersey,  battle  of,  v. 

276-278  ;  very  hot  day,  277. 
Monro,  at  Fort  William   Ilenrv,  Lake 
George,  bravery  of,  ii.  400,  407. 


Monroe,  Captain  Jamea,  at  Trenton,  v. 
08;  in   congress,  vi.    116;   a  rising 
statesman,    141,    142  ;    compromise 
proposal  of,  for  revenue,  142  ;  report 
of,  on  the  subject  in  the  lifth  congress 
142,  143  ;   procrastinates,  wishes  the' 
measure  delayed,  148,  145  ;  on  a  gen- 
eral convention,  188  ;  opposes  a  con- 
vention,   189;  on  Washington's  in- 
fluence   in   the    federal    convention 
276;  journey  to  the   West   (1786)' 
277,  278 ;  plan  for  a  north-western 
ordmanco,   279;    course   as    to  the 
slavery  question,  279 ;  report  of  com- 
mittee,  280 ;  favors  new  constitution, 
877 ;  opposes  Madison's  election  to 
congress,  400. 
Montagu,   Lord   C.   G.,  in  Charleston, 
South  Carolina,  iii.  408 ;  as  governor 
virtually  instdts  the  assembly,  482. 
Montagu,  Frederick,  in  parliament,  iii 

836. 
Montagu,  John,  admiral,  at  Boston, 
iii.  406 ;  in  Newport,  434  ;  blockades 
Boston,  463. 
Montcalm,  Marquis  de,  ii.  453 ;  captures 
Oswego,  New  York,  453 ;  takes  Fort 
William  Henry,  406,  407;  fails  to 
restrain  savage  massacres,  407  ;  fore- 
bodings  of,  483,  484 ;  attacked  by  the 
English,  489;  defeats  Abercrombie, 
490;  courage  in  troubles,  492;  not 
supported  by  France,  600;  has  in- 
sufficient forces,  604,  610 ;  death  of. 
611.  ' 

Montesquieu,  ii.  319 ;  iii,  3. 
Montgomerie,  John,  governor  of  New 
York  and  New  Jersev,  ii.  253 ;  death 
rf,  in  office  (1731),  263. 
Montgomery,  Colonel  (Lord  Eglinton), 
sent  against  the  Chcrokecs,  ii.  619. 
620. 
Montgomery,   Richard,   bravery  of,   ii. 
485,  492 ;   elected  brigadier-general, 
iv.  231;   character  and  abilities  of, 
292,  293 ;   advances  and  invests  St. 
John's,  293,  294;  takes  it,  and  also 
Montreal,  296 ;   junction  with  Bene- 
diet  Arnold,  302;  resolves  to  storm 
Quebec,  302,  303 ;  situation  of,  almost 
desperate,  303,  304 ;  leads  the  attack 
and  falls,  304-306;  tributes  to  his 
noble  character,  308,  809. 
Montreal,  site  of,  i.  16;  Sulpicians  at, 
ii.  140,  141 ;   English  flag  raised  at 
(1760),  623;  Ethan  Allen's  rash  at- 
tempt on  (1775),  iv.  295;  taken  by 
Montgomery,  290. 
Moore,  Andrew,  in  camp  at  Rockiish, 
North  Carolina,  iv.  387 ;  with  Caswell 
defeats  the  Highlanders,  389,  890. 


1 


INDEX. 


Moore,  Sip  H.,  governor  of  New  York, 
ill.  162,  230.  ' 

Moore,  James,  governor  of  South  Caro- 
ina,  expedition  of,  against  St.  Angus- 
tine,  1-lorida,  ii.  lt);{;  iMwc  of,  194- 
in  coinmandofsuccessf.il  party  against 
the  Muskohgee  or  S|)anish  Indian 
towns  (1705),  m  ;  elected  revolution 
governor  (1719),  215. 

Moore,  Willard,   death    in    battle,   iv. 

Moravians    in  Georgia,  li.  287,  288;  in 
balem.  North  Carolina,  v,  487 
,     Morell,  an  English  church  clergyman   a 
year  In  New  England,  1.  21  fl 
Morgan,  Daniel,  11.  420 ;   the  Virginia 
riflemen   under,   iv.    247;    character 
and  merits  of,  247,  248;  arrives  in 
camp,  248;    leads  riflemen  in  expe- 
dition against  Quebec,  298 ;  takes  a 
barricade,  307 ;  made  prisoner,  307  • 
exchanged,  v.  49  ;  the  riflemen  Attack 
the  British,    1.54;    with   Gates  does 
good  service,  183, 187 ;  meanly  treat-d 
by  Gates   191 ;  in  service  again,  pro- 
moted, 470,  477;  spirited  and  active, 
480 ;  great  victory  of,  at  the   Cow- 
pens,  over  Tarleton,  482-485 ;  thanked 
by  congress,  etc.,  484,  485 ;  compelled 
by  sickness  to  retire  from  active  ser- 
vice, 487;  honorable  career  of,  4S7 

Morris  Major,  of  New  Jersov,  killed  in 

battle,  V.  210, 
Morris,  Gouverneur,  in  the  New  York 
convention,  v.  4  ;  on  special  cominit- 
W  ^1^'h   ^'■^''^'   opposed  to  slavery, 
40b,  407,  411;  letters  to  Knox  aiij 
Greene,  vi.  07,   08 ;   in  the   federal 
convention,  210,  215;   claims  rcnre- 
Bentation  for  propL^rty,  250;  presents 
report  ot  committee,   257,  258  •    on 
fettering  legislation,    270,    271  •    on 
property  qualifications,  271 ;  as  'to  a 
national  judiciary,  272;  on  qualifica- 
tions of  members  of  congress.  290  • 
on  suffrage,  297;  on  representation 
.'9J ;  eloquent  speech,   299-301  •  on 
paper  money,  302  ;  on  state  interfer- 
ence with  contracts,  305 ;  on  encour- 
agement  of  manufactures  by  covern- 
nient,  307  ;  on  re'.vl!ion,  311 ;  on  tho 
Slave-trade,  new  states,  etc.,  319,  823, 
tt"  •;  ^'^.'^  election  of  president  of 
Lnited  States,  tewi  of  office,  tenure, 
etc.,  320,  327.   832-334;  one  of  the 
committee  of  eleven,   334 ;  un  veto 
S  other  i>ower  of  the  president, 
842,  345,  347  ;  on  bankruptcies.  354 
prepares  final  draft  of  the  constitu- 
tion of  the  United  States,  357. 


537 


Morns,  Lewis,  in  the  Now  York  convcn- 
tion,  v.  4  ;  in  congress,  10;  chief  jus- 
tice  member  of  the  state  convention 
on  the  federal  constitution,  vi.  450 
Morris,   Robert,   in  congress,  iv    237- 
views  on  independence,  389;  service 
In  congress,  426  ;   supports  independ- 
ence v.  8 ;  efforts  of,  to  rai.se  money 
for  Washington,  103 ;  on  treating  for 
peace,  250 ;  praises  General  Greene 
504  ;  in  charge  of  the  finance  depart! 
nient,  608;  favors  a  national  bank 
508;  gets  a  charter  for  the   bank 
050;   financial   schemes   and   efforts 
056-658 ;  on  prospect  of  federal  gov- 
crnment,  559 ;  head  of  department  of 
finance  vi.  25,  20  ;  plan  of,  for  a  na- 
tional bank,  20,  27;  gets  the  "  Bank 
ot  America     incorporated,  29 ;  efforts 
to  get  capital  for  the  bank,  28,  29  • 
entreats   a    loan   from    France    31  •' 
financial  scheme  of,  00 ;  plan  of,  to 
coerce  congress,  61,  02,  00;  letter  of 
resignation,  09;   on  disbanding  the 
^^  army,  82  ;  retires  from  office,  123 
Mosaic"   opposition,    iii.   243;   "mo- 
saie     ministry,  255. 
Motte,  Lieutenant-Colonel,  iv.  258 ;  with 
Moultrie  in  the  attack  on   the  fort, 
40,i ;  m  the  state  convention  on  the 
federal  constitution,  vi.  419. 
500    ^^^^^'^'^'  P'^'^"otic   spirit  of,  v. 

Moultrie,  William,  ii.  519,  650,  551 ;  colo- 

,      nel    takes  Fort  Johnson.  Charleston. 

South  Carolina,  iv.  257,  258;  builds 

!      a  tort  on  Sullivan's  Island,  394,  398- 

resolves  to  hold  it,  400,  402;   force 

ot,  and  preparation,  403;  brave  de- 

I?m  "  ""I  ^^'^  ^°''*'  "'"^  ^''ctory,  404- 
409;  duly  honored,  410,  411;  at 
Beaufort,  drives  the  British  (1779> 
y.  307,  368;  course  of,  in  Charles' 
ton,  370,  371;  governor  of  South 
Carolina,  excellent  spirit   of  (1785), 

Mount  Desert  Isle,  French  settlement 

on,  broken  up,  i.  105,  100. 
Mount  Wollaston,  Maine,  i.  221 
Mowat    captain  of    the   Caneeaux    at 

lortland,  Maine,  iv.  183,  184;  burns 

the  town,  203. 
Moylan,  v.  96. 
Mudlsland,  fort  at,  v.  105;  evacuated, 

Mugiord,  James,  of  Jlnrblehead,  Massa- 
chusetts, heroism  of,  in  capturing  a 
British  ship.  iv.  340 ;  mortally  wound- 
ed two  days  after,  341. 

Muhlenberg,  Rev.  Peter,  iv.  318;  takes 
conunand  of  troops,  321 ;   regiment 


m ; 

m 


538 


INDEX. 


(      ' 


•'  "If 

n  ,:|  II 


'      I'M 


of,  marches  to  Charleston,  South  Caro- 
lina, 401. 

Murray,  James,  with  Wolfe,  ii.  603, 
60(5 ;  in  battle,  508,  509 ;  encounter 
of,  with  the  French,  522 ;  advice  as 
to  colonial  arrangement  (ITfiU))  '•'•  ^^*- 

Murray,  ilary  L.,  good  service  to  the 
American  army,  v.  46. 

Murray,  William.    See  Mansfield. 

Murray,  of  llutland,  Mas.saohu.sett.",  a 
mandamus  councillor,  runs  away,  iv. 
49. 

Muskohgccs,  Indians,  ii.  92  (t^cc  Creeks) ; 
meet  Oglethorpe,  ii.  283,  292. 

Mutiny  act,  to  be  applied  to  America 
(1754),  ii.  412,413  ;  applied  to  Amer- 
ica (1705),  ill.  105,  212. 

Muzzey,  Isaac,  killed  at  Lexington,  iv. 
15G. 

N. 

Nansemond  rivor,  Virginia,  settlements 
on,  i.  410. 

Nantasket,  i.  237. 

Nantes,  edict  of,  revoked,  i.  432. 

Knnticokcs,  Indians,  ii.  91. 

Narragansott  bay,  claim  of  Massachu- 
setts to,  i.  287. 

Narragansetts,  Indian-^,  i.  210,  211  ; 
visited  by  Roger  Williams,  2C0  ;  do 
not  join  the  Tequods^,  200 ;  strife  of, 
with  the  white  men,  and  submission, 
294,  295;  destruction  of,  390,  391. 

Narvacz,  P.  do,  greedy  after  gold,  goes 
to  J'lorida,  i.  27  ;  ill  results,  and  loss, 

^  28-30. 

Na.sh,  Abncr,  in  Xorth  Carolina  provin- 
cial council,  iv.  2G0. 

Nash,  General,  at  Germantown,  v.  103. 

Natchez,  Mississippi,  founded  fiv  IJicn- 
ville,  ii.  226,  227 ;  taken  bv  Captain 
Willing  of  Philadelphia  (1778),  v. 
315. 

Natchez,  Indians,  ii.  97  ;  war  of,  acfainst 
the  French,  232-234  ;  extinction  of, 
234. 

Naturalization  act  (1740),  ii.  204. 

Naval  stores,  bounty  on,  ii.  84. 

Navigation  acts.     See  Acts  of  Naviga- 
tion. 
Navy,  American,  origin  of,  iv.  203,  204  ; 
flag  of  (rattlesnake  and  motto),  393  ; 
difficulty  of  raising,  v.  50;   earliest 
appointments  of  olficers,  50,  61  ;  ef- 
forts of,  on  Lake  Champlain,  59,  60  ; 
authorized  in  the  federal  convention, 
vi.  313. 
Neal,  James,  of  Maine,  in  Massachusetts  , 
state  convention,  objections  of,  to  the 
federal  constitution,  vi.  402.  | 


Keeker,  director-general  of  finances  of 
France,  v.  132;  favors  neutrality  in 
American  affairs,  200 ;  clandestine 
negotiations,  467  ;  fall  of,  409. 

Negroes.     See  Slaves. 

Negroes,  free,  disfranchised  in  Virginia 
ii.  250,  267  ;  at  Bunker  Hill,  iv.°223  ,' 
in  the  continental  army,  223,  201* 
202 ;  enlisted  by  Washington,  322* 
323  ;  colonization  of,  jiroposed,  838  • 
position  of,  in  New  York,  v.  120- 
seven  hundred  at  battle  of  Mon-' 
mouth,  good  conduct  of,  270,  277- 
as  to  question  of  citizenship,  580. 

Neshit,  Lieutenant-Colonel,  in  Boston 
iv.  134.  ' 

Netherlands.  Sec  Holland  and  United 
Provinces. 

Neutral  flags,  rights  of,  i.  627  ;  v.  341 
312. 

Neutrality,  armed.  Sec  Armed  Neu- 
trality. 

New  Albion,  on  the  PneiQe,  bo  named 
by  Drake,  i.  GO. 

New  Albion,  on  Delaware  bay,  i.  509. 

New  Amsterdam,  ou  MauhalUn  Island. 
1.  490.  ' 

Newark,  New  Jerscj-,  i.  522. 

New  Bedford,  Massacimsetts,  raid  of 
the  British  on  (1778),  v.  286. 

New  Belgium,  i.  509. 

New  Berne,  North  Carolin.a,  Swiss  settle- 
ment at,  ii.  16- 

Newburyjwrt,  Massachusetts,  firm  in 
support  of  Boston,  iv.  8. 

Newcastle,  duke  of  (T.  II.  Pelhani),  sec- 
retary of  state  for  the  colonies,  course 
of  (1724),  ii.  250;  colonial  minister 
for  twenty-four  years,  329,  330 ;  tern- 
porizing  policy  of,  330,  331  ;  resigns 
the  southern  department,  331 ;  char- 
acter of,  331,  332;  dislikes  his  as.^o- 
ciates,  358-360 ;  prime  minister,  408 ; 
administration  of,  408-456;  advice 
of,  440;  resigns,  456;  in  Pitt's  min- 
istry, 471,  472  ;  in  favor  with  George 
III.,  634;  course  of,  in  the  cabinet, 
535,  540,  544 ;  retires,  556. 

Now  England,  named  by  John  Smith 
(1614),  i.  97;  Horgcs  appointed  gov- 
crnor-general  of,  276  ;  union  of  colo- 
nies important,  289 ;  conditions  of 
union  (1643),  291 ;  articles  of  confed- 
eration between  Massachusetts,  Ply. 
mouth,  Connecticut,  and  New  Ilavcn, 
291,  292;  commissioners  appointed 
to  carry  out  provisions  of  nrticlos, 
293  ;  course  as  to  slavery,  293,  294; 
JIaine,  Providence,  and  RlioJe  Island 
not  in  the  confederacy,  294  ;  popula- 
tiou  of  (1675),  383;  Indian  war  in, 


INDEX. 


689 


il  and  UuiteJ 


380-300;  tho  confederacy  dica  out, 
407 ;  spirit  of,  and  tenacity  under 
James  IJ.,  589;  proclaims  William 
and  Mary,  COl. 

Piiin  of,  to  conquer  Canada  (1710), 
11.   198,  199;  another  project,  aban- 
doned, 310;  condition  of  (1754),  or- 
punized  democracy,  401,  402;  spirit 
of  the  people  in,  4()2,  403 ;  pre\  ailinsr 
creed  of,  405-407 ;  influence  of  the 
clergy  in  (17C5),  iii.  141,142;  towns 
and   villages  of,   in   sympathy  with 
I  oston,  iv.  28;  to  be  excluded  from 
the  fisheries,  12(5,  127;  army  of  30- 
010  men  to  bo  raised,  169;  generous 
liborality  of  the  people  to  tho  army, 
^43;  choice  of  indei)endence  sponta- 
neous, 429;  troops  of,  with  Washing, 
ton,  re-enlist  (1776),  v.   102;   etat^H 
meet  m,  on  questions  of  public  cied- 
>t,  291 ;  important  meeting  of  dele- 
gates in,  41;,  447;   convention  of 
states  m  Boston  (1780),  vi   11 
Newfoundland,  seen  by  Sebastian  Cabot 
(1498),  1.  12;  (isheries  in,  60;  taken 
possession  of  by  Gilbert,  68 ;  becomes 
±-ng!and's  by  treaty  of  Utrecht,  ii. 
211;  question  as  to  Americana  dry- 
ing fish  on  (1782),  v.  673,  575. 
New  France.    See  Canada, 
^^^w  Hampshire,  efforts  at  colonization, 
I.  217;  settlements  on  banks  of  Pis- 
cataqua,  217,  218;   Exeter  founded 
262;  annexed  to  Massachusetts,  286,' 
287 ;  a  royal  province,  398 ;  general 
assembly,  398;   troubles  with  Cran- 
fleld,  399,  400;  resists  Cranfield,  401 ; 
a  royal  province,  ii.  66 ;  government 
organized.  Usher  lieutenant-governor, 
CY;    series    of    lawsuits,    confusion' 
great  trouble,   67;    population    and 
trade  in  (1715),  57;  territory  of,  en- 
larged,  252;    royal  government   of, 
252;  declines  as  ton,  congress (1765) 
iii.    120;  courso  of   (1774),   iv.    15 1 
seizure  of  powder,  etc.,  94,  95 ;  ad- 
heres to  congress,  106 ;  men  of,  hurry 
to  sustain    Massachusetts,   169;    as 
many  as  two  thousand  desire  to  go, 
170 ;  asks  congress  for  a  government' 
264 ;  hesitates  about  separt'ting  from' 
the  mother  country,  315  ;  in  favor  of 
the  declaration  of  independence,  428 ; 
helps  Washington  and  western  fron- 
tier, v.  173,  174;  joins  Massachusetts 
in  navigation  act,  etc.,  vi.  141 ;  laws 
as  to  paper  money,  169 ;  appoints 
delegates  to  the  federal  convention, 
201 ;  holds  state  convention  on  the 
federal  constitution  (1788),  409;  de- 
bate and  adjournment,  409,  410;  re- 

TOL.  VI.— 36 


assembles  and  ratifies  the   constitu. 
tion,  being  the  ninth  state  in  the  list, 

New  Uavon,  Connecticut,  founded 
(1038),  I.  271;  plants  on  Long  Isl. 
and,  272;  joined  to  Connecticut, 
858 ;  men  of,  start  instantly  for  camn 
(April  1776),  iv.  170,  171. 
New  Holland,  i.  482. 
New  Ireland,  between  the  Saco  and  St. 
Croix  rivers,  constitution  of  (1780)  v* 
421,422.  ''' 

New  Jersey,  i.  620;  concessions  in,  to 
the    people,   620,   521;    "Elizabeth- 
town  purchase,"  621 ;  Carteret  gov- 
ernor, 622 ;  disputes  about  quit-rents, 
523 ;    after  the  revolution  of   1688 
without  settled  government  for  twelve 
years,   ii.  31,  32;  a   royal   province, 
under  governors  of  New  York,  for 
thirty-six  years,  33 ;  claims  the  rights 
of  freemen,  34  ;  conflict  with  the  gov- 
ernor, 342 ;  coercion  of,  advised,  34'> 
852;  condition  of  (1754),  398;  Herl 
nard,  governcr,  on  enlarging  the  royal 
power,  629;  declines  invitation  to  a 
congress  (1705),  iii.  120;   courso  of 
(1774),    iv.    15;    sustains    congress, 
110;    call    of,    for    congress    (May 
1775),  178;  governor  calls  assembly 
which  refuses  Lord  North's  projects, 
178;    action  of  provincial  congress' 
250,  261 ;  enrolls  two  regiments,  261  • 
after  North's  proclamation,  still  holdsj 
back,  273 ;  refuses  to  address  n  peti- 
tion to  the  king,  310;  frames  a  con- 
stitution  and  government,  431 ;  legis- 
lature,  governor,   elective  franchise, 
etc.,  432;  affairs  in  (1776),  v.  68- 
legislature  of,  helps  Washington,  82* 
83 ;  Washington's  order  to  the  raili- 
tia  of,  93;  Jcr?eymen  take  oath  of 
fidelity  to  the  king,  103;  Washing, 
ton   orders  them  to  go  within   the 
enemy's    lines,    109;    evacuated    by 
Howe,    154;    slavery   in,  411,   412- 
i.iovtments  of  the  British   in,  424; 
opinion  of,  as  to  a  "federal  repub' 
lie,"  vi.  14 ;  course  of,  on  the  paper 
money  issue,  171;   strife  with  New 
York,  187 ;  leads  the  way  to  a  general 
convention,  18S;  in  the  federal  con- 
vention takes  the  lead  in  resistin<»  tho 
larger  states,   232,  233 ;  the  legisla- 
ture calls  a  state  contention  which 
ratifies  the  constitution  of  the  United 
States,  391,892. 

ow  Netherland,  first  visited  by  Ilenry 
Hudson,  i.  482-484 ;  its  natural  at- 
tractiveness,  485,  486  ;  Dutch  traffic 
in  the  river  with  the  nntivoH  4rq  .  «»_ 


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INDEX. 


^H'U  i  • 


^IIIm!' 


.ili.. 


tent  of,  and  charter,  490;  effcrts  to 
colonize,  492;  emigration  to,  494, 
495 ;  C.  J.  May  first  director,  495 ; 
Miuuit  d' rector-general  of,  495 ;  fort 
and  church  built  on  Manhattan  island, 
495,  493 ;  overtures  to  New  England, 
498;  privatecrin!?,  497;  board  of 
nineteen,  497;  Walloons,  privileges, 
497,  493;  purchases  of  lands,  498; 
disputes  with  Maryland  and  Connec- 
ticut, 500,  501 ;  Van  Twillcr  and 
Kieft  governors,  500,  501 ;  war  with 
the  Indians,  50 i ;  slaughter  of  In- 
dians,  and  result,  J04,  505  ;  efforts  for 
peace,  treaty  effected,  506 ;  people  of, 
beg  for  liberties,  507,  508;  Stuyvo- 
eant  at  Ilarlford,  508 ;  contention  with 
Swedci  for  the  Delaware,  509;  New 
Sweden  subdued,  503,  510;  Stuyve- 
Bantan  I  freedom  of  conscience  (^1660), 
611,512. 

Emigrants  to,  512;  negro  slaves, 
trade  in,  513;  brewers  resist  excise 
(1644),  513;  discontent  in,  614;  gen- 
eral a^sen^ibly,  514;  dissolved  by 
Stuyvesant,'  515;  West  India  Com- 
pany approve,  515,  516;  claims  of 
Lord  Baltimore  and  of  Connecticut, 
516;  general  assembly  for  defence, 
617,  513;  surrender  of,  to  an  Eng- 
lish fleet  (1664),  519;  Dutch  arid 
Swedes  on  the  Delaware  capitulate. 
620 ;  retaken  by  the  Dutch,  525  ;  sur- 
rendered to  England  again,  527. 

New  Orleans,  Louisiana,  founded  by 
Bienville,  ii.  22S,  229.  See  Louis"- 
iana. 

Newport,  Christopher,  in  command  of 
ships  carvying  colonists  to  Virginia, 
arrives  in  Chesapeake  bay,  i.  88  ;  ad- 
miral of  Lord  Delaware's  expedition, 
100;  wrecked  on  the  Bermudas, 
100. 

Newport,  Rhode  Island,  democracy  es- 
tablished and  patent  obtained,  i.  263  ; 
resists  the  revenue  olficers,  iii.  350; 
occuploJ  by  the  French,  v.  420. 

"New3-Lot.tcr,"  Boston  (1704),  the  first 
newspaper  ever  published  in  Ameri- 
ca, ii.  253. 

Newspapers  in  America,  ii,  268 ;  num- 
ber of,  in  1740,  258. 

Now  Sweden,  company  plant  on  the 
Delaware,  i.  501,  602;  Swedes  and 
Finns  emigrate  to,  603;  submits  to 
the  Dutch,  509  510. 

New  York,  tikeii  from  the  Dutch  (1664), 
i.  619;  Nicolls  supreme,  no  popular 
liberty,  523,  524;  Lovelace  of  the 
same  sta^ip,  524;  charter  of  fran- 
chises and  privileges,  582;  Leisler's 


course  in  (1689),  ii,  34-3':';  Sloughlet 
governor,  36;  colonial  liberties  as- 
Bcrted,  38  ;  Fletcher  governor,  38, 
40;  church  disputes,  39;  Bellomont 
governor,  40,  41  ;  Lord  Cornbury 
governor,  41-43  ;  arbitrary,  but  fails 
to  subdue  the  legislature,  41,  42; 
Lord  Lovelace  governor,  43 :  struggle 
renewed,  43, 44 ;  71.  Hunter  governor, 
continues  the  effort  without  success 
44-46 ;  Burnet,  and  other  governors,' 
253,  255  ;  terra  of  assembly  fixed  at 
seven  years,  256  ;  resists  attempts  to 
force  taxes  (1748),  349,  350 ;  position 
of  (1754),  393,  400;  resists  laws  of 
trade,  restrictions,  etc.,  400,  401 ;  im- 
peaches Clinton,  410;  requires  a  judi- 
ciary on  good  behavior,  551. 

Protests  against  law  courts  of  gov. 
ernment  (1703),  iii.  S2,  38;  excited 
over  tax  bill,  78  ;  spirit  of  assembly, 
89;  petitions  to  parliament,  89,  90; 
censured  for  disrespect,  9 1 ;  strong 
words  from  the  press,  113-116;  events 
in,  148 ;  assembly  of,  votes  statues 
to  George  III.  and  Pitt,  222;  soldiers 
overbearing,  236 ;  course  of  the  legis- 
lature, 236 ;  voted  to  be  disobedient, 
251 ;  punished,  256  ;  election  and 
state  of  affairs,  331 ;  enforces  non- 
importation agreement,  359;  conflict 
of  the  people  with  the  troops,  370; 
advocates  a  congress  of  colonial  rep- 
resentatives, 38'7,  888 ;  Burke  chosen 
agent  of,  396 ;  resolves  not  to  let  the 
tea  come  in,  448,  449 ;  increased  conr.- 
nierce  of,  467,  468 ;  tea  ship  sent  off, 
430, 

Action  of  the  "  Sons  of  Liberty  " 
(1774),  IV.  9;  conservative  party  is 
for  holding  back,  9,  10;  the  commit- 
tee of  fifty-ore,  10;  plans  a  congress, 
13;  spirit  of,  30;  parties  in,  30,  31; 
chooses  delegates  to  continental  con- 
gress, 31 ;  disinclined  to  war,  61 ; 
hopes  to  remain  under  English  rule, 
51 ;  crafty  policy  used  toward,  108; 
the  old  assembly  falters,  109 ;  refuses 
to  send  delegates  to  congress  (1775), 
110;  the  press  and  Hamilton's  pam- 
phlets, 110,  111;  vigorous  measures  of, 
147;  delegates  to  congress,  147,  148; 
the  kinfr  sure  of,  149,  150 ;  prompt 
action  oi  the  people,  176 ;  association 
for  aid  and  defence  formed,  176,  177 ; 
address  of,  to  the  city  of  London, 
177;  counselled  to  prepare  defences, 
200;  plan  of  accommodation  with 
England,  236,  237 ;  the  royal  gover- 
nor arrives,  236 ;  refuses  a  petition 
separate  from  other  colonies,   311 ; 


'NDEX. 


wiao  action  of  the  provincial  congress. 

«'2]';  unanimity  secured,  430 
Conveation  (1776),  mcmbcrg  and 

course  of  action,  v.  4  ;  declaration  of 

ndepeudcucc  recoivcd,  4;  spirit  of 
the  peope,26:  sole  condition  as  to 
peace  323;  as  to  slavery,  411;  ac 
\T,u  w  '°S'«''^t"re  on  public  lands 
m  the  West,  442;  action  toward  a 
general  convention  of  tNo  states,  659  • 
T!^l^.:^t  ^*'  ^"'^yei^ion,  vi! 


511 


Ql  ni-  .  .  '^-'-lai  uuuveuuon,  VI. 
fw.  .  l^  "«o  '"'^'''«'  "^"d  Washing- 
tons  etter,  93;  politics,  how  corrupt, 
ea,  130;  remedies  proposed  for  dis- 
tress .n  trade,  137,  138;  holds  on  to 
Its  custom-house,  166;  receives  reve- 
nue, 193  ;  accedes  to  general  conven- 
tion recommended  by  Vir<'inia    199- 

tS'f^^fr  "^^'^^^  '"'  '^-^^  ■>  °bjec-' 
tior.s  to   the   new  constitution,  373, 

374;  unreasonable,  454;  federal  re^ 

Lnif?*!-  °''°.'*''''°  "^-"'"^t  the  new 
constitution,  454;   legislature  orders 
nop^'     ''""mention,  455;  division  of 
parties,  4,.5;  the  convention  meets 
in  Juno  (17ci8),  456;  debate,  warm 
a^id    earnest,    456-459;    conditional 
ratification  condemned,  459 ;  the  fed- 
eral constitution  ratified,  4^0;  a  sec- 
ond  federal  convention  called  for,  460  • 
federal  elections,  466,  407. 
New  York  city  (Mar.!  attan),  i.  519-  -•«- 
corporated,6'23;  first  American  con- 
gress meets  in,  iii.   149,  150 ;   rises 
agamstthe  stamp-tax,  161 ;   dotous 
proceedings  in,  161;    the  "Sons  of 

^pnn7'rM^^'  ^^^5  ■•'^J°i'=!n?«  i",  on 
repeal  of  the  scamp-act,  221  "  Go;cr- 

norTryon  enters  the  city,  236;  move- 

Jrrln '  ^V^.'  ^'''''  «««'"-^«  »h«  c«n- 
o?"'  311 ;  ships-of-war  in  the  harbor, 

<ii^,  lortihcations  erected,  384  385- 
exposed  position  of,  429;  refuses  the 
tea,  and  sends  off  the  tea-ship,  448, 
480;  reception  of  Washington  (1776) 
r-2;"°Sin,v.4,o;fSrtifiiiti£ 

from  Brooklyn,  36-38;  Txrecne  pro- 
poses to  burn  the  city,  40;  it  is  re- 
solved to  hold  it,  42 ;  cowardly  flight 

fJ^Tl ^^A ^'''^'^^  »"««h  i»  pos- 
session. 4^,.  46  ;  British  troops  driven 

island  evacuated,  69,70;  wishes  in, 
for  a  national  union,  vi.  130;  discus^ 
Bions  as  to  union,  etc.,  192,  193-  re- 
joicings over  the  ratification  of' the 
federal  constitution  (]  788),  460 ;  grand 
procession  and  Hamilton's  tdSmph 
m  the  result.  460 
Niagara,  Fort,  built  by  the  French,  i. 


689;   importance  of,  ii.  223-   tak^n 
from  the  French.  601.  '         "^^ 

Nicholas,  George,  in  the  Virginia  state 
convention  supports  the  federal  con- 
stitutio/    vi.  436. 

Nicholas,  Robert  c",  !v.  17;  in  the  Vir- 
ginia  convention,  415. 

Nicholson,  Francis,  Effingham's  lieuten- 
ant in  Virginia  (1691),  il.  17,  ig- 
governor  of  Maryland,  21 ;  deputy' 
governor  of  New  York,  35  on  thJ 
coiomal  spirit  of  indopendcnce,  85  • 
in  command  of  expedition  against 
Acadia,    199;   governor  of  Caralina, 

;-'/,Tn ?.•■""  P^'i^"  «•»"'  the   nal 
tives  (1721),  216. 

Nicola,  Colonel,  letter  to  Washin-tou 
urging  a  monarchy,  v.  558;  letter 
how  received,  663.  ' 

Nicolls,  Richard,  one  of  the  royal  com- 
missioners, i.  276;  in  command  of 
fleet  at  ^cw  Amsterdam,  618  519- 
Buprome  power  of,  523  ;  exactions  of,' 

^  v%?'  ^T^  u^^r°l!^'».  capitulates, 
rJJ  'k^^''  ,^<^s'egcd  by  General 
Greene,  501 ;  abandoned  by  the  Brit- 
isri,  502. 

Nipising  Indians,  aid  in  reducing  Fort 
Wilham  Henry,  and  share  in  the  mas- 
sacro  of  captives,  ii.  466,  467 

^lplsing  Lake,  ii.  141. 

Nipmucks,  Indians,  in  interior  of  Massa- 
chusctts,  i.  388. 

Nixon,  John,  captain  of  Sudbury  com- 

IHIlf  2ll^'°""°''^'  '""•  ^^^'  ''^  ^"°''«'' 

Niza,  M.  de,  a  Franciscan,  i.  31 ;  claimed 

^°fjj^|^«°«»  Cibola,  32;   meanness 

Norfolk,  Virginia,  position  of,  and  in- 
habitants,  iv.  9  ;  occupied  by  i^ob- 
ert  Howe,  3::  ;  burned,  January  1, 
1776,   by  order  of    Dunmore,    320, 

^\'l'?rT?'H.  •,'"*S0.  Maine,  destroyed 
by  the  English,  ii.  220. 


by  the  English,  ii?  220. 

North,  Lord,  in  parliament,  ii.  409  •  in 

tlie  treasury  department,  556;  share 

(T  '"*"e  stamp-tax  plan,  iii.  65,  66 ; 

£n  1,°"'^'^"°''""''  24*5  ■""'^cecds 
lownshend,  character  of,  203 ;  will 
have  America  at  his  feet,  323.  326  • 
refuses  repeal  of  the  revenue  act,' 
*oa'  ''"^'"et  retain  duty  on 
tea,  340  ;  prime  minister,  367  ;  holds 

o«,*°„P!r'r^'P  °^  ""^  "^"^  t**^  0°  tea, 
381,  382  ;  feels  secure  in  office,  396, 
398;  policy  of,  438,  439;  advises  ex- 
portation  of  tea,  443  ;  course  toward 
Boston,  469-471 ;    presents    Boston 


hi'  ■■: 


542 


INDEX. 


,(     ' 


.    ./I  id  I  ; 


port  bill,  471 ;  wishes  to  send  com- 
missionera  to  America,  iv.  92. 

Lays  a  paper   before   parliament 
(1775),  iv,  99,  100;    reproached  by 
Fox,  114;  proposes  to  declare  Massa- 
.   chusetts  in  rebellion,  117  ;  asks  Fox's 
advice,  118;   consults  Franklin,  127; 
disagreement  with,  128;  weak,  and 
false    in    consequence,    151 ;    orders 
raising    Canadian    regiments,    161  ; 
offer  to  the  colonists,  200,  201 ;  this 
answered    and    rejected,   246,    246 ; 
goes  with   the  king   in  his  violent 
measures,  280-282  ;  refuses  to  listen 
to  Grafton,  281 ;  on  taxing  the  colo- 
nies, 236,  287 ;  uneasy,  halting,  etc., 
288 ;  bitter  words  over  Montgomery, 
309 ;  on  hiring  German  mercenaries, 
366 ;  threatens  to  resign,  v.  22 ;  in 
parliament,  64,  55;  deeply  affected 
at  news    of    Burgoync's    surrender, 
224 ;  the  king  holds  him  to  continue 
the  war,  225 ;  feelings  of,  in  old  age, 
226  ;  makes  two  conciliatory  proposi 
tions  in  the  house  of  commons,  247, 
248 ;  how  received,  248  ;  despondent, 
249;  favors  Franklin's  offers,  253; 
discouraged,  282,  283 ;  agitated  over 
C.Tnwallis's  surrender,  623 ;  end  of 
administration    of,  531  ;   makos  an 
attack  on  the  treaty  of  peace,  vi.  39 ; 
in  the  coalition  ministry,  44. 
North  Carolina.    See  Carolina,  North. 
North-east  passage  to  India,  search  for, 

1.  478. 
Northfield,  Massachusetts,  i.  389,  890. 
Northington,  speech  of,  iii.  189,  190; 
votes  for  repeal  of  the  stamp-act,  210; 
president  of  the  council,  225. 
Norton,  Sir  F.,  in  parliament,  iii.  186. 
Norton,  John,  envoy  of  Massachusetts 

to  England,  i.  370. 
North-west  passage,  search  for,  by  New- 
port and  Smith,  i.  89. 
North-west  territory,  the  right  over,  v. 
14;  views  of  Maryland  as  to,  283, 
284;  claims  of  Virginia  respecting, 
441,  442  ;  ceded  to  the  United  States 
(1781)  by  Virginia,  vi.  14;  plan  for 
colonizing  and  fonning  new  states  in, 
81 ;  slavery  to  be  excluded,  81 ;  Wash- 
ington's  plan  for  organizing,  103, 104 ; 
deed  of  cession  from  Virginia,  1 1 6, 
116;  ordinance  for  the  governance 
of,  116,  117;  the  proposed  five  new 
states,  280 ;  jealous  feeling  toward, 
280 ;  need  of  territorial  government 
for,  f^81 ;  power  of  congress  over, 
824. 
Norwalk,  Connecticut,  burned  by  the 
British,  v.  830. 


rapid 


Nottingham,    New    Hampshire, 
march  of  men  of,  iv.  109. 

Nova  Scotia  (see  Acadia  and  Canada) 
attempts  at  settlement  by  the  Scotch' 
i.  218,  219;  loyalists  banished  to 
(1783),  vi.  101. 

Noyes,  N.,  minister  of  Ralem,  Massachu- 
setts,  share  in  the  witchcraft  murders 
ii.  03,  65,  66.  ' 

Nurse,  Rebecca,  hanged  for  wit.   jraft 
ii.  59-63.  ' 

Nyo,  Philip,  a  "  faithful  minister  in  Lon- 
don," i.  232. 


0. 

O'Brien,  Captain  Jeremiah,  iv.  184. 
Oconostata,  great  Cherokee  warrior  ii 

616-621. 
Ogdeu,  of  New  Jersey,  opposes  views  as 
to  liberty,  in  congress,  iii.  155 ;  burnt 
in  effigy,  162. 
Ogdensburg  (Oswegatchie),  New  York, 

Jesuit  mission  at  (1748),  ii.  337. 
Oglethorpe,  James,  noble  aim  of,  ii.  281 ; 
founds  Savannah,  282,  283 ;  meets  the 
Muskoligees,  Cherokces,  Choctas,  283, 
284 ;  returns  to  England,  286  ;  takes 
colonists  to  Georgia,  287,  288 ;  builds 
forts,  290 ;  in  high  favor  with  the  In- 
dian tribes,  291 ;  goes  to  England  and 
brings  out  a  regiment  of  troops (1738), 
292;  will  have  nothing  to  do  with 
slavery,  292;  meets  the  tribes  in 
council,  292,  293;  invades  Florida, 
297;  to  no  purpose,  however,  298; 
returns  to  England,  298;  character 
and  merits  of,  299 ;  aids  Georgia,  iii. 
286. 
Ohio,  beginning  of  the  state  of,  vi.  i03, 

104 ;  origin  of  the  name,  125. 
Ohio  Company  of  Virginia,  ii.  862 ;  em- 
ploys Gist,  862,  363 ;  opens  a  road, 
377 ;  begins  a  fort,  which  is  taken  by 
the  French,  381,  383. 
Ohio  Company  tor  colonizing,  etc.  (1787), 

vi.  284,  285. 
Ohio,  North-west  Territory.    See  North- 
west Territory. 
Ohio  river,  tirst  seen  by  Marquette,  ii. 

167. 
Ohio  valley,  importance  of,  ii.  861,  362; 
richness  of  its  lands,  864,  366;  the 
colonies  refuse  the  expense  of  defend- 
ing, 368 ;  England  gives  no  aid,  375 ; 
the  French  in  possession  (1754),  886; 
the  English  driven  out  by  the  French, 
468. 
Ojibwaa,  Indians,  ii.  93,  141,  160, 
161. 


INDEX. 


Oldham,  John,  murdered  by  the  Indiana, 

^^Ir'i^"^^,:'  "*  *^«  A'lx^ny  congress, 
II.   3rf4,   3^6 ;    appointed  stamp  dis- 
tnbutor  in  Maaaachusetta,  iii     liQ- 
burned  in  effigy,  135,  136;  is  "threat- 
ened, 136 ;  forced  to  reaign,  170  m  • 
not  re-elected  to  the  bench,  218 ;  on 
the  "taking  off"  of  traitora,  332  •  re 
moval  of,  demanded,  441 ;  impeached, 
468 ;  impossible  for  him  to  hold  court 
IV.    63    64;   m  "greatest  distresa," 
lorced  to  resign,  66. 
Oncidas  and  Onondagaa,  two  of  the  Five 
Nations  of  Indians,  i.  683  (see  Iro- 
quois);  friendship  of,  preserved   by 
the  Americans  (1778)  v  22'> 
Onondagas  (see  Oneidaa),  expedition  of 
Van  bchaick  and  W.Mlet  against,  v. 

Onondio  and  Corlaer,  meaning  of  the 
terms,  ii.  176.  °  ^ 

Onslow,  speaker  of  the  house  of  com- 
mons,  held  that  parliament  had  power 
to  tax  America,  ii.  34« 
Opechancanough,  broi ,. .  of  Powhatan, 
treats  John  Smith  kindly,  i.  93  •  suc- 
ceeds  Powhatan,  127;  death  of!  142 
Orangeburg,  South  Carolina,  v.  600  6()l" 
Ord,  George,  in  a  sloop,  takes  a  riiaga- 

zme  in  Bermuda,  iv.  249 
,v'«"?.?'  ^'''  ^''•ancis  Brake  in,  i.  66 
OKeilly,  m  Now  Orleans,  iii  353  '354. 
sn  the  Spanish  service,  v.  137    '         ' 
Oriskany,  fierce  fight  at,  with  'the  In- 

dian3,v.  169,  279. 
Osborne,  Sir  Danvers,  goes  to  New  York, 
".  ^75 ;  failure  and  suicide,  376 ;  New 
Vork  on  instructions  of,  410,  413 
Oswald  Kichard,  British  diplomatic 
^P^"'//-  635;  takes  a  letter  to 
J'lanklin,  540;  instructions  to.  643- 

K.Q*""*,*"'  ^''°™  ^""''^  Shelburne,  647.' 
048;  the  commission,  660,  551;  inter- 
view with  Jay,  664 ;  how  his  letters 
were  received,  slight  change  in  the 
commission,  569 ;  the  new  negotiation 
6/0;  arranges  treaty  of  peace,  670,' 
071 ;  btrachey  sent  to  join  him.  673  • 

Oswegatchio,  now  Ogdonsburg,  ii.  337 
Oswego  New  York,  English  tbrtress  at, 

".   j^il;   taken   by  Montcalm,   453; 

Bradstreet  visits,  491  '       " » 

Otis  James,  of  Barnstable,  speaker  of 

Massachusetts  house  of  representa- 

tives,  II.  631,  532. 
Otis,  James,  the  younc;er,  ii.  532 ;  speech 

against  writs  of  assistance,  647 ;  char- 

actcr  of,  548;  elected  to  the  Massa- 


543 


chusetts  assembly,   649;    theory  of 
government,  660,  661 ;  popularity  of. 
661 ;  fientimenta  of  (1763),  iii.   34 . 
prepares  paper  for  the  agent  in  Lon' 
don    78 ;  argument  for  the  colonies 
''?'^,"S''ts.  «9-82;  desponding  views 
of,  109 ,  adviaes  calling  a  congress, 
113;  on  representation,  and  Ma-ma 
Charta,  119;  union  his  cry,  120;°on 
bouth  Carolina's  course,  121 ;  in  con- 
gress,  ability  of,  153 ;  on  opening  of 
courts,  171 ;  pamphlet  on  a  general 
parliament,  197;  speaker  of  the  as- 
sembly,  217 ;  on  offending  Great  Brit- 
q!!1'  0^1* '  earnest  for  independence, 
rf07,  308 ;  mind  of,  disordered,  360  • 
affray  in  Boston,   360;   becomes  a 
maniac,  407;  last  appearance  in  pub- 
lie,  422  ;  death  of,  422. 
Ottawas,  Indians,  ii.  03,  186,  624  ;  ill. 

Oumas,  Indians,  ii.  183. 

Overyssel,    states  of,  oppose    loanin" 

troops  to  England,  iv.  347,  348         ° 
Oxenstiern,   Chancellor,   efforts  of.  to 

colomze  on  the  Delaware,  i.  502 
Oyster  river  village.  New  Hampshire, 

attacked  by  the  Indians,  ii.  182, 


P. 


Paca,  W.,  in  Maryland  state  convention 
on  the  federal  constitution,  vi.  412 
413.  ' 

^''23°'  ^"  '^"  ^^'''Sato  to  congress,  iv. 

Paine,  Timothy,  a  mandamus  councillor 
forced  to  resign,  iv.  49.  ' 

Paine,  Thomas,  iv.  178;  education  of. 
etc.,  313;  author  of  "Common 
Sense  "313-315;  employed  by  Rob- 
ert  Morris,  V.  657;  author  of  "Pub- 
lic Good,"  vi.  12, 
Palatines,  in  Carolina,  i.  420 
Palmer  Eliakim,  agent  for  Connecticut, 

;i.  347. 
Panin,  first    minister    of    empress  of 
Russia  IV.  276-278 ;  views  and  policy 
of,  V.  342,  348,  356,  ^      ^ 

Paper  money,  in  America,  ii.  262,  263  • 
parliament  interferes  respecting  263* 
264 ;  action  of  Massachusetts,  '348  ■ 
issues  of,  by  congress,  iv.  237.  246.' 
837;  V  143,  218,  290,  292;  -^vhole 
amount  issued  up  to  December  1778 
293,  294;    further  issues.  294    439* 

440,446,  447;  ill  effects  of,  in  the 
American  states,  vi.  167,  168;  laws 
of  Connecticut,  Jrassachusotts,  New 
Uampshire,  Rhode  Island,  rospootin" 


m. 


M) 


Hi 


INDEX. 


ni 


if!  Ill  .  I  ' 


^^'111'^'' 


!    ii: 


mil  n? 


L     1    :.  .: 
i'    i    '(I)*-  ■ 


168, 109 ;  Inws  of  other  Btatcs  on  the 
subject,  109-173 ;  public  opinion  on 
this  sort  of   money,    175,    170;    the 
states  prohibited  issuing,  30'<i-'M5. 
Papists,  in  Maryland,  i.  17:i. 
Parker,  John,  captain  at  Lexington,  iv. 

154, 
Parltor,  Mosea,  taken  prisoner,  and  dies 

in  Boston  jail,  iv.  230. 
Parker,  Sir  Peter,  in  command  of  Brit- 
ish  fleet  against   Charleston,   South 
Carolit.'»,  arrives  in  (Jape  Fear  river, 
iv.  397  ;  begins  attack  on  Fort  Moul- 
trie,  404 ;    shi|j3   of,   aground,  40(1 ; 
terrible  lire  on  flagship  of,  407 ;  re- 
treats, 408,  409 ;  crimination  and  re- 
crimination with    Clinton,   409;    at 
New  York,  v.  31. 
Parliament,   first    act    of,   relating    to 
America,  i.  01;  favors  the  Puritans, 
197 ;    condemns    monopoly    of   the 
Plymouth  company,  217;  supremacy 
of,  over  the  colonies,  352 ;  absolute 
in  1088,  601  ;  ii.  6;  attitude  toward 
the  colonies^  70 ;  notes  the  growth  of 
republican  ppirit  in  America,  70,  71 ; 
scheme  of,  to  govern  by  prerogative, 
72,  73 ;   appoints  a  board  of  trade, 
73 ;    plan  for  placing  the    colonies 
under  a  military  dictatorship,  73,  74 ; 
taxation  by,  73,  70 ;  prerogative  and 
veto  powers,   76 ;    judiciary  in  the 
colonies,   habeas   corpus,  the  press, 
etc.,  in  relation  to  the  crown  and  par- 
liament, 70,  77 ;    throatcns   all  the 
charters,    77;     colonics    refuse    the 
quota  plan,  78 ;    mercantile   system 
developed    and    sustained,    79,    80; 
courts  of  admiralty  established,  and 
laws   against    manufactures    in    the 
colonics,  80,  81 ;   opposition  to  this 
tyrannous  policy,  81,  82 ;  defines  pi- 
racy and  its  punishment,  83;   regu- 
lates the  currency,  83  ;  offers  bounty 
on  naval  stores,  84 ;  ns  to  the  right 
to  tax  the  colonies,  84,  251 ;  favors 
the  islands  above  the  colonies,  242- 
244 ;    act  of,   for   naturalization  in 
America,  204 ;  is  held  to  bo  supremo 
over  the  colonies,  338,  339 ;  plan  for 
taxing    the    colonies,   382,    383;    is 
asked  to  tax  the  colonics,  411;  dis- 
cussion as  to  taxing  America,  448. 

Bill  taxing  America  passed,  iii.  73 ; 
stamp-act  debated  and  passed,  97- 
104  ;  petitions  to  both  houses  by  the 
American  congress,  154,  155;  meet- 
ing of  (December  1765),  167;  debate 
in  the  lords,  tone  of,  167-169 ;  violent 
in  the  commons,  169,  170;  the  roval 
speech  to,  tells  of  trouble  (1760),  171 ; 


debate  in  the  commons,  175;  Pitt's 
great  speech,  175-178;  remarks  of 
Conway,  178;  Grenville's  abuse  of 
America,  178-180;  Pitt's  reply,  180- 
184;  debate  in  house  of  lords,  188- 
194 ;  in  house  of  commons,  194.. 
190  ;  affirms  the  right  to  tax  Amer- 
ica,  196,  197 ;  the  modern  tory  par- 
ty, 190,  197 ;  the  ministry  defeat- 
ed on  the  stamp-act  enforcement, 
200;  stamp-act  repealed,  200,  207; 
insists  on  supremacy  over  the  colonies, 
208;  debate,  repeal  carried,  210;  op- 
position to  ministerial  course  as  to 
America,  253 ;  determines  on  an  Amer- 
ican army  and  revenue,  250,  257. 

The  last  parliament  to  legislate  for 
America  meets  (1708),  Hi.  280 ; 
Grenvillc  advocates  reform,  310 ; 
Burke  joers  at  it,  310;  in  session, 
322  ;  feeling  of,  toward  the  colonies, 
322,  323  ;  rejects  American  petitions, 
324  ;  resolves  to  enforce  its  authori- 
ty, 320  ;  debate  in  the  commons,  331- 
335 ;  refuses  to  repeal  the  revenue 
act,  3 15 ;  debate  in,  304,  SC5 ;  at- 
tempts to  conciliate  America,  8S5, 
380 ;  Boston  port  bill  in  house  of 
lords,  475 ;  bill  to  take  away  char- 
ter from  Massachusetts,  effect  of, 
477  ;  this,  with  four  other  penal  bills, 
carried,  477^81  ;  infatuation  of,  iv. 
5 ;  two  acts  of,  against  Massachusetts, 
11;  dissolution  of,  67;  venality  of 
(1774),  90,  91  ;  opinion)  of  lords  and 
commons,  92 ;  the  ministry  confident, 
93 ;  commerce  to  bo  interdicted,  99 ; 
debate  in  the  lords,  104,  105 ;  minis- 
terial victory  in,  103 ;  unrelenting, 
114  ;  declares  Massachusetts  in  rebel- 
lion, 117;  debate  in  the  commons, 
118,  119;  debate  in  the  lords,  119, 
120  ;  joint  address  of,  120 ;  New  Eng- 
land to  be  excluded  from  the  fisheries, 
120,  132  ;  concessions  to  the  French, 
120 ;  dislikes  Lord  North's  plan,  128  ; 
prohiijits  fisheries  of  New  England 
and  restricts  trade  of  southern  colo- 
nies, 261 ;  in  session  (October  1775), 
281 ;  debates  in  commons  on  the  ad- 
dross  to  the  king,  282,  283  ;  votes  to 
crush  the  rebellion,  282,  283 ;  in  the 
lords  the  vote  equally  strong,  283, 
284  ;  weak  ministry  at  date,  280. 

Prohibits  trade  and  confiscates  all 
American  ships  (1776),  iv.  837 ;  sends 
British  commissioners  to  America,  in- 
structions of,  34 1 ;  debates,  342  ;  de- 
bate in  the  commons  on  treaties  with 
Brunswick  and  Ilcsse,  350,  \i^1 ;  de- 
bate in  the  lords,  357  ;  in  session,  v. 


INDEX. 


545 


in  session,  v. 


B3-B6;  liow  supreme  power  obtained, 
262  ;  cliangc  in  votes,  i'.82  ;  growing 
discontent  in,  witii  tlio  war  against 
the  United  States,  490  ;  urges  giving 
up  the  war,  b2i ;  movement  and  de- 
bate on  discontinuing  tlie  war,  630, 
531 ;  action  on  mailing  peace  with  the 
United  States,  548,  549;  debate  in, 
on  the  treaty  of  peace,  vi,  39-42  ;  de- 
bate in  the  lords,  47,  48. 
Parris,   Samuel,   niinister  of   Danvcrs, 
ilassachusetts,  ii.  58,  59;  active  in 
the  witchcraft  delusion,  61-C3 ;  driven 
out  of  the  town,  60. 
Parry,    Lieutenant  -  Colonel,   killed    on 

Long  Island,  v.  32. 
Persons,  S.  H.,  and  others,  of  Connecti- 
cut, plan  for  taking  Ticonderoga,  iv. 
181, 182  ;  brigadiergeneral,  in  battle, 
V.  30 ;  liis  brigade  runs  away,  44,  45  ; 
travels  in  the  West,  'i.  283. 
Partridge,   agent  of    New  York   mer- 
chants, ii.  24  L 
Paterson,  William,  of  New  Jersey,  in 
the  federal  convention,  vi.  214;  leads 
resistance  against  the  larger  states, 
232  ;  pleads  for  equality  of  states  in 
one  supreme  council,  234 ;  a  strong 
federalist,  269  ;  on  the  ratification  of 
the  constitution,  27.S. 
Paulding,  John,  one  of  Andre's  captors, 
V.  433,  434  ;  congress  votes  an  annu- 
ity to,  438. 
Paulet,  Earl,  in  parliament,  on  question 

of  taxing  America,  iii,  194. 
Fauw,    M.,   buys  Staten   Island,   New 

York,  i.  498. 
Pavonia,  New  Jersey,  Pauw's  colony,  i. 

493,499. 
Pawtuoket.    See  Penacook. 
Paxton,  Charles,  marshal  of  admiralty 
court,  Boston,  sent  to  England,  iii. 
231 ;  aids  Townshend's  schemes,  238. 
Payson,  minister  of  Chelsea,  Massachu- 
setts, and  his  exploit,  iv.  164. 
Peirce,  William,  of  Salem,  Massachu- 
setts (1030),  i.  230. 
Pclham,  Henry,  prime  minister  (1742), 
ii.  295 ;  administration  of,  295-388  ; 
death  of,  408. 
Pelham,  Tliomas  Hollis.    Sec  Newcastle. 
Peltrie,  Madame  de  la,  ii.  140. 
Pemaquid,  destroyed  by  the  Indians,  ii. 

179. 
Penacook,  Indians,  ii.  91 ;  onslaught  of, 

178,  179. 
Pendleton,  Edmund,  on  the  stamp-act, 
iii.  199 ;  at  the  head  of  Virginia  com- 
mittee of  safety,  iv.  255;  president 
of  the  Virginia  conventicm,  414; 
president  o£  the  state  convention  of 


Virginia  (1788),  vi.  420;  vigorously 
supports  the  federal  constitution 
427-435,  ' 

Penn,  John,  Rr.ccrjrla  Caswell  in  con- 
gress, iv.  260. 
Penn,  Richard,  takes  second  petition  to 
the  king  of  England,  iv.  239 ;  arrives 
in    England    in  August,   209,   270; 
shabby  treatment  of,  by  the  ministry,' 
270 ;  at  the  bar  of  the  house,  284. 
Penn,  Thomas,  with  Richard,  pioprio- 
tary  of  counties  on  the  Delaware,  ii. 
897 ;  views  of  (1754),  411 ;  agent  for 
Pennsylvania,  iii.  70;  interview  with 
Grenville,   opposes   taxing  the  colo- 
nies, 70,  71. 
Penn,  William,  buys  East  New  Jersey, 
i.  551 ;  letter  to  the  people  of  Penn- 
sylvania, 653,  654 ;  sails  for  America, 
650 ;  early  life  and  position,  566-668 ; 
in  the  Tower,  558 ;  tried  and  acquitted, 
658 ;  iu  Newgate,  658 ;  travels  on  the 
continent,  660;  contrast  with   John 
Locke,  561 ;  organizes  his  government, 
663,  664;  disputes  with  Lord  Balti- 
more, 564,  665 ;  treaties  with  the  In- 
dians, 667,  568 ;  returns  to  England, 
farewell  letter,   569,    670;    work  at 
home,  671,  572  ;   political  scntimenta 
of,  590,  597 ;  message  to  the  people,  ii. 
24 ;    arrested  and   cleared,   27,   28 ; 
goes  to  Pennsylvania,  28;   troubles 
of,  30 ;  returns  to  England,  30 ;  plan 
of,  for  union  of  the  colonies,  74,  75. 
Pennsylvania,  charter   of,  i.  652,  663 
Markham,    Penn's    agent,    f54;    no 
monopolies,   564;  free-traders,   666 
Philadelphia  laid  out,  565 ;  first  leg 
islation  and  constitution,  666,  666, 
witchcraft  trials  in,  668  ;  growth  of, 
668,  609 ;  boundary  with  Maryland, 
570;    legislation,  571,  672;  slavery 
in,  572,  673 ;  after  the  revolution  of 
1688,  ii.  24-31 ;  the  schism  of  Keith 
in,  25;  Fletcher,  royal  governor  of, 
25,  26 ;  democracy  in,  28 ;  new  con- 
stitution, disputes,  progress,  29-31 ; 
evades  the  call  for  quotas,  77,  78 ; 
feeling  in,  as  to  prohibition  of  manu- 
factures, 257;  volunteer  militia  of, 
304,  305;  condition  of  (1754),  897, 
398 ;  affairs  in,  445 ;  schemes  against, 
446;  condition  of  (1757),  400,  461; 
strife  of,  with  the  proprietaries  and 
board  of  trade,  529,  630;  reproval 
for  disobedience,  557. 

Spirit  of  the  assicmbly  of,  iii.  91 ; 
favors  a  congress,  140;  approves 
course  of  Virginia,  348 ;  elects  dele- 
gates to  the  continental  congress 
(1774),  iv.  28;  course  of,  109,  110; 


i 


546 


INDEX 


1^ 


If' 


,'  I  ■ 


di 


I 


•pint  and  activity  of  (1775),  178;  the 
assembly  of,  rejects  overtures  of  the 
governor,  178,  179;  strife  '  .  the  leg- 
islaturo,  251 ;    committee  of  safety, 
252;    tho  Quakera  hold  back,  204; 
after  tho  king's   proclamation    still 
clings  to  loyalty,  273 ;  action  of  the 
legislature,  273  ;  still  holds  on  to  al- 
legiance,   836;     also   to  proprietary 
government,  339;    raises  troops,  is- 
sues money,  331);  delegates  in  con- 
gress refuse  to  vote  the  suspension  of 
royal    authority,    344;     proprietary 
governmcint  in,  overthrown,  420;  ir- 
resolution of  tho  assembly,  421,  42-' ; 
delays,  423;   the  counties  frame  a 
government  in  place  of  the  proprietary 
government,  432,  433;   question   of 
internal  reform  and  religious  liberty, 
433 ;  assents  to  the  declaration  of  in- 
dependence, 433,  434;    the  conven- 
tion  forms  a  now  constitution,  v.  67 ; 
provisions  of,  67,  68,   116;   council 
remonstrates    against    Washington's 
winter  quarters,  213;  urges  tho  re-  i 
covery  of  Rliiladelphia,  215;  slaverv,  ' 
and  gradual  emancipation,  412,  413;  ' 
views  as  to  public  debt,  vi.  3:? ;  adopts 
Washington's  advice  (1783),  91;  pro-  I 
poses  a  protective  system,  13S;  laws 
of,  as  to  paper  money,    171  ;    tlia 
legislature  receives  and  dcbaces  on 
tho  new  constitution  of  the  United 
States,  ^82 ;  a  state  convention  called, 
883;  long  and  warm  debates,  334- 
388;  the  constitution  ratified,   390; 
moderation  of  the  minority,  405;  a 
second    federal  convention   refused. 
466. 
Penry,    John,    Welsh    nonconformist, 

hanged,  i.  192,  193. 
Pensacola,   Florida,   occupied    by    the 

Spaniards,  ii.  138. 
Peoria,  Lake,  ii.  164. 
Pcpperell,  William,  in  command  against 

Louisburg,  ii.  306. 
Pcquods,  Indians,  enemies  of  tho  Narra- 
gansetts,  i.  206 ;  war  with  the  whites, 
266;  extermination  of,  267,  268;  lo- 
cality of,  ii.  91. 
Percy,  Lord,  in  command  of  troops  to 
relieve  the  British  who  had  gone  to 
Concord,  163,  164;  hasty  retreat  of, 
164 ;  rage  and  brutality  of  the  troops, 
164,  165  ;  mean  and  slanderous 
words,  172;  stays  awav  from  battle 
of  Bunker  Hill,  218 ;  starts  to  attack 
Dorchester  Heights,  but  stops  short, 
827,  328 ;  with  Cornwu,llis  on  Long 
Island,  V.  29. 
Peter,  Hugh,  goes  to  Massachusetts,  i. 


258 ;  agent  of  Massachusetts  in  Ew. 
land,  281;  death  of,  and  charactc" 
346.  ' 

Petition  to  tho  king  by  congress,  iv.  75 
76 ;  second  petition,  238.  "      ' 

Philadelphia,  Pennsylvania,  founded,  i. 
566;    congress   of  governors  at  'ii 
400;    spirit   of   (1773),  iii.  446;  ro- 
solves  not  to  let  in  the  tea,  446 ;  ac- 
tion  on  the  tea-ship's  arrival,  457- 
increased  commerce  of,  407 ;  moetin" 
of  citizens  of,  iv,  12;  counsels  mod° 
oration,    13,   14;  active  in  tho  good 
cause  (1775),  178  ;  second  continental 
congress  in,  190;    town-meeting   in 
(1770),  resolves  to  form  a  new  govern- 
ment, 420;  protests  against    action, 
421  ;    committee   of    inspection  ap- 
pointed,  422;    declaration   of   inde- 
pendence by  congress,  442 ;  how  re- 
ceived, v.  3;  first  celebration  in,  of 
independence,   154,    155;   is  entered 
by  the  British  (1777),  181  ;  English 
commissioners  arrive  in,  271  ;  evacu- 
ated by  Clinton  (1778),  273  ;  chagrin 
of  loyalists  in,  273,  274;  patriotism 
of  the  women  of,  445  ;  riot  in,  vi.  97  • 
Washington's  hopeful  words  to(1789)' 
470.  ■" 

Philip,  son  of  Massasoit,  haughty  and 
jealous,  i.  380,  387 ;  is  hurried  into 
rebellion,  887,  3b  , ;  a  fugitive,  388; 
assaults  and  destroys  Lancaster,  Mas- 
sachusetts, 391 ;  death  of,  393. 
Philip  IL  of  Spain,  i.  54 ;  suggests  con- 
quest and  colonization  of  Florida,  55, 
Phillips,  General,  with  Burgoyne,  v.  158, 
187;  i.i  Virginia,  500;  death  of,  SOo! 
Phillips,  William,  one  of  Boston's  mer- 
chants,  iii.   369,  464;  with   Adams, 
Bowdoin,  and  others,  negatived  as  a 
councillor,  iv.  14. 
Phi|.s,  Sir  William,  governor  of  Massa- 
cl:usetts,  ii.  57;  sliaro  of,  in  witch- 
craft prosecutions,  61,  62;  complains 
as  to  salary,  68  ;  captures  Port  Koyal, 
Nova  Scotia,  181 ;  before  Quebec,  re- 
turns to  Boston,  181. 
Piankeshaws  and  Weas,  Indians,  join 
the  English  against  the  French,  ii. 
34-36. 
Pickens,  Andrew,  of  South  Carolina,  iv. 
256 ;  colonel,  routs  British  ravagers, 
V.   158,  187;  unuble  to  act,  878;  at 
battle  of  the  Cowpens,  482,  483 ;  pro- 
moted, 485 ;  with  Lee  routs  the  loyal- 
ists or  tories  (1781),  491;   takes  Au- 
gusta,   Georgia,   500;    in    battle  at 
Eutaw  Springs,  503. 
Pickering,  Timothy,  of  Salem,  Massa- 
chusetts,  iv.  25;  appointed  quarter- 


INDEX. 


inastcr-gcncral,  v.  446;   advisca  ox- 
c  usion  of  slavery  in  the  new  states 


547 


vj.    81  ;    letter   to    II.   Kin-'  against 
slavery  in  the  West,  132 
Picqiia,  a  town  of  the  Miami  Indians 
counci    at,  ii.  3f(4 ;  attacked  and  de- 
stroyed by  the  French,  371,  372 
Ficquet,  Abbe  F.,  missionary  to  tlio  In- 
dians (1748),  ii.  337. 
PiKot,  General,  leads  British  troops  at 

Breed's  hill,  iv.  218,  225. 
Pijart,    C,    Jesuit    missionary    (1040^ 
among  the  Indians,  ii.  14]  ^ 

Pilgrims,  name  adopted  by  Puritans  in 
Amsterdain  and  Leyden,  i.  200;  not 
likmg  Holland,  look  toward  America, 
^01 ;  offers  to  the  London  Company 
with  professions  as  to  creed  and  coin 
duct,  201,202;   favored  by  Sandys, 
-04 ;   form  partnership  to  emigrate 
204;  reach  Cape  Cod,  205  ;  compact 
and  landing,  206-209;  Indians  friendl 
ly,  iilO;  progress  and  success,  212- 
irame  of  government,  213  ;  views  as 
to  toleration,  21{i,  214;  memory  of 
iho  Pilgrims,  214. 
Pinckney,  Charles,  iv.  89;  president  of 
the  provincial  congress,  South  Caro- 
lina (1776),  106;  activity  of,  180- 
submits  to  Comwallis,  v.    393-    in- 
congress  (1785),  vi.  186;  address  of,  ! 
to  the  legislature  of  New  Jersey  187    ' 

1   nM>')^°P°'*^^  *  S'"'^"'^   convention!  ' 
J"9,  190;  presents  a  plan  of  consti- 
tution  in  the  federal  convention.  215 
217,219,224,229;  on  property  quali: 
iications,  290 ;   on  slave   rcpresenta- 
tioii,  301 ;  on  fugitive  slave  law,  309 
^10;   on  rebellion,   slave-trade,  etc 
811,318,319,323;  on  mode  of  elcctl 
ing  the  president  of  the  United  States 
etc.,  327,  343  ;  proposals  of,  as  to  the 
judiciary,  348, 349 ;  in  the  South  Caro- 
lina assembly,  414,  415. 
Pinckney,  Charles  Cotcsworth,  at  Fort 
Johnson,    on    James    Island,    South 
Carolina,  iv.  258  ;  in  the  federal  con- 
vention   vi.  225,   22G ;  active  in  the 
work    259,   264,    20G  r   on   property 
qualihcations,  271 ;   o.i   slave  repre- 
sentation, 309  ;  on  tlie  militia,  slave- 
trade,  etc,  313,  318,  823;  debate  in 
ftouth   Carolina   assembly,   415;   do- 
fend.-;  the  federal  constitution  aicainst 
Lowndes,  415-418. 
Pinckney,  Thomas,  governor  of  South 
Carolina   (1788),   vi.  419;  president 
01  tlic  state  convention  on  the  federal 
constitution,  419,  420 
Pineda.     Sec  Do  Pineda. 
Pitcairn,   Major,  leads  the   attack  oa 


Lexington,  Massaclmsctts  (1775)  iv 
155;  in  the  retreat  to  Boston  loses 
ins  horse  and  pistols,  163;  mortally 
Wounded  at  Bunker  Hill,  227  2'»8 
Pitkin  William,  governor  of  Connecti- 
cut  (1766\  discreet  and  patriotic,  iii. 

^m  1 . 

Pitt,  William,  ii.  295 ;  "  the  great  com- 
moutr,      in    parliament,   408,    409  • 
opposes  treaty  with  Russia,  442  •  re' 
moved  from  office,  442  ;  prime  minis, 
ter,  457;   (Jeorgo  III.   promises   his 
support,  458 ;  policy  of,  toward  the 
colonies,  458 ;  rejects  the  stamp-tax 
for  America,  458;   George   III.  dis- 
cards  him,  458 ;  is  the  people's  choice 
for  minister,   468-471;  genius   and 
power  of,  472,  473  ;  supports  Freder- 
ic of  I  russin,  482 ;  invites  the  colo- 
nies to  raise  troops  against  Canada 
and  the  French  colonies,  482,  483; 
watches  American  events,  490   49'>  • 
plan  of,  for  1759,  498,  499;  ho'lds  on 
*o  ^anat'a.  628;  on  colonial  rights, 
030  ;  rebukes  contraband  trade,  531  • 
not  in  favor  with  George  III     035' 
negotiates  peace  with  France,   637* 
C38 ;  refuses  to  abandon  Frederic  of 
Irussia,    541;    plans  of,   642;    pro- 
poses war  against  Spain,  543  ;  is  out- 
voted, and   resigns,  544;   aeeepta   a 
peerage  and  pension,  545;   opposes 
peace  with  France  (1762),  562 ;  asked 
to  join  the  ministry  (17C3),  iii.  53. 
speech  of,  against  Grenville's  meas! 
ures,  64,  65 ;  asked  to  form  a  minis- 
try,   124;  declines,  126;   "Pitt  and 
Liberty,"  in  Boston,  135 ;  applied  to 
by  the  ministers,  174;  great  speech 
or,  J  70-178;  noble  continuation,  180- 
184;  offers  made  to,  no  result,  185, 
186;  opinion  on  John  Adams's  Essay 
186;    shares   in    debate,    187,    195- 
speech  of,  and  skill,  200;  debate  on 
repeal   of  stamp-act,  204-206;  mo- 
tion of,  to  abandon  claim  of  right 
208;  forms  an  administration,  223* 
becomes  earl  of  Chatham,  226.    See 
Chatham. 
Pitt,  William,  the  younger,  as  a  boy,  iii. 
206 ;  on  his  father's  speech  (1775),  iv. 
105 ;  _  refuses  to  serve   against  'the 
Americans,  186 ;  kind  words  as  to,  by 
V.  ashington,  298 ;  speech  a-ainst  the 
American  war,  v.  496;  proposes  re- 
form in  parliament,  644 ;  chancellor 
of  the  exchequer  (1782),  546;   elo- 
quent  speech  in  debate,  vi.  41,  42  • 
declines  office,  42;  proposes  p'arlia' 
mentary   reform,    52;    interview   of, 
with  John  Adams,  149,  150;  ungen- 


Ii 


n)  1; 


648 


INDEX. 


fl        I';     I 


_    ...    


H"] 


eroufl  and  unjust  course  of,  toward 
the  United  States,  151. 
PIttHburg,   PenP'>ylvnnia,   niimcd  after 
^yilliam  Pitt,  ii.  495  ;  relieved  in  Pon- 
tiuc'a  war,  iii,  4»;    important  point 
for   western   eniic^ration  and  Indian 
trade  (1771),  iv.  S3;  seized  by  I.ord 
Dun  more,  governor  of  Virginia,   83, 
86. 
Ploydcn,  Sir  E.,  patent  of,  for  New  Al- 
bion, on  Delaware  Bay,  i.  609. 
Plymouth,  couneil  at,  England,  for  plant- 
ing and  governing  New  England,  es- 
tablished by  King  Jamea  1.,  i.  215 ; 
admiral  an.l  lieutenant-general  of,  ap- 
pointed,   21G;    monopoly  of,   in  the 
fli-heries   condemned   by  parlioir.ent, 
217;  sell  lands  to  settlers  at  !?al(>m, 
222 ;  charter  of,  given  up,  275  ;  royal 
commissioners  at,  377  ;  revolution  in, 
on  accession  of  William  and  Mary, 
600;   the   old  government   restored, 
600. 
Plymouth,  Massachusetts,  tho  pilgrims 
land  at  ^December,  1620),  i.  209  ;  suf- 
ferings and  slow  progress,  209,  210; 
Indians  friendly  to,  210,  211;  prog- 
ress and  success,  212;  tolerant  spirit 
of,  213,  214;  people  of,  establish  a 
trading-house   at  Windsor,  Connecti- 
cut (1633),  264;    sufferings  in  King 
Philip's   war,  388-393;    joins   other 
towns  in  seconding  Boston,  iii.  421; 
Watson,  a  mandamus  councillor  ;n, 
forced  to  resign,  iv.  50. 
Pocahontas,  daughter  of  Powliatan,  i. 
93 ;  rescues  John  Smith,  94 ;  becomes 
a  Christian,  100 ;  marries  John  llolfo, 
107;  goes  to  England  and  is  made 
much  of,  108 ;  death  of,  108,  109. 
Point  Levi,  on  the  St.  Lawrence,  ii.  505, 

507. 
Point  Pleasant,  iv.  86  ;  prcat  victory  of 

the  Virginians  near,  87. 
Pokanokets,  Indiana,  i.  386, 387  ;  driven 
from  Mount  Hope,  388;  war  against, 
vigorously  conducted,   392,   393 ;   of 
tho  Algonkin  family,  ii.  91. 
Pomeroy,   Seth,   in   expedition  against 
Louisburg  (1745),  ii.  307,  308;    ap- 
pointed brigadier-general,  iv.  121 ;  at 
the  battle  of  Bunker  Hill,  220 ;  elect- 
ed by  congress  brigadier-general,  re- 
tires  on  account  of  age,  234. 
Ponce  do  Leon,  discovers  Florida,  i.  22, 

23 ;  death  of,  24. 
Pontiac,  chief  of  the  Ottawaa,  ii.  524 ; 
origin  of  war  with  the  whites,  iii.  41, 
42 ;  forts  taken,  garrisons  murdered, 
43-47;  ravages  of,  46;  price  set  on 
head  of,  49 ;  French  intervention,  49 ; 


agrees  to  a  peace,  151 ;  usaaBsinated 
355. 
Pontleroy,  travela   of,  in  America,  iii 

75. 
Poor,   General,   at   Princeton,  v.    107  ■ 

with  General  Gatea,  187. 
Popliam,  George,  president  of  second 

colony  of  Virginia,  i.  86,  90. 
Popham,  Sir  John.     Sec  Gorges. 
Fopulatioa  of  the  twelve  oldest  colonics 
in  1688,  i.  602 ;  of  the  thirteen  colo- 
nics  (1754),  ii.  S6»,  890;  of  the  tliir- 
teen    colonies,    twenty    years    later 
(1774),  iv.  62. 
Port  IJoyal,  Nova  Scotia.   Sec  Annapolis. 
Port  Royal,  South  Carolina,  i.  432. 
Port   bill,   JJo.'ton,   in    parliament,   Iii. 
471-476;  how  received  in  America, 
iv.  6,  10. 
Porter,  John,  Quaker,  expelled  from  tho 

Virgiuia  assembly,  i.  448. 
Porterfidd,  Colone^  of  Virginia,  v.  386  ; 
mortally  wounded  near  Camden,  South 
Carolina,  387. 
Portland,  duke  of,  in  tho  cabinet,  v. 
545,  546 ;  with  Fox  and  Lord  North. 
vi.  44. 
Portland,  Maine,  people   of,   attack   a 
king's  ship  in  the  harbor  (1775),  iv. 
183 ;  Gage's  mean  and  barbarous  re- 
venge, 263. 
Portsmouth,  one  of  the  oldest  towns  in 
New  Hampshire,  i.   217;    people  of, 
seize  powder  and  arms,  iv.  94,  96.  See 
New  Hampshire. 
Portugal,  voyages  of  PornigucFC,  i.  1^  ; 
mercantile  system  of,  ii.  87,  8S  ;  over- 
tures made  by.  to  J'ranklin,  vi.  50. 
Pory,  John,  speaker  in  the  first  colonial 
assembly  of  Virginia,  i.  112;  travels 
of,  in  Carolina,  410. 
Post-office,  first  introduced  into  British 
America  by  Andros  (1692),  n.  18,  23; 
established  by  parliament  (1710),  84; 
Franklin   deputy  postmaster-general, 
iii.  391 ;  is  turned  out  of  office,  404 ; 
Franklin  appointed  by  congress  (1775) 
to  organize  post-office,  iv.   24i5;    B. 
Church  director  of,  246. 
Potemkin,   Prince,  v.   848,   349,    853, 

354. 
Potomac  river,  company  of  adventurers 
explore,  i.  IGO;  company  for  improv- 
ing navigation  of,  vi.  128. 
Pott,  Francis  and   John,  position  and 

course  of,  in  Virginia,  5.  136,  138. 
Pottawatomics,  Indians,  worshippers  of 
the  sun,  ii.  93,  151 ;    attack  the  Iro- 
quois, 184  ;  share  of,  in  Pontiac's  war, 
iii.  42,  44. 
Poutrincourt,   settlement    of,    at    Port 


INDEX. 


;  usaassinated. 
I  America,  ill. 


549 


Royal,  Nova  Scotia,  i.  10 ;  explores  the 
coast  an  I'ur  an  Capo  Cod,  19. 

Powell,  Thomas,  publisher  of  the  "  South 
Carolina  Gazette,''  iii.  4lo. 

Powhatan,  Indian  chief  in  Virginia  i 
93 ;  interview  of,  with  John  Smith,  93 ;" 
frees  English  captives,  lOrt ;  extent  of 
his  rule,  127;  death  of,  127. 

Pownall,  Tliomas,  governor  of  Massa- 
chu3t<tt9,  letter  to  tho  board  of  trade, 
ii.  480;  on  American  independence,' 
028;  urges  taxation  of  America,  iii 
6!>,  70;  opinion  of  (17«5),  106;  view.s 
of  (17U3),  ;J12,  344;  moves  repeal  of 
the  duty  on  tea,  382 ;  holds  tho  do- 
pondonco  of  tho  colonies,  470  47->. 
urges  recognition  of  the  United  .StateV 
V.  282,  233  ;  memorial  as  to  the  United 
States  addressed  to  European  sove- 
reigns, descriptions  and  prophecies. 
334-336.  ' 

Poyning'd  law  for  America,  iii.  20. 

Pratt,  a  Boston  lawyer,  ii.  fisi;  ap- 
pomtcd  chief  justiea  of  New  York, 
651,  552;  wishes  a  salary,  652;  as 
chief  justice  of  New  Jersey,  salary 
from  quit- rents,  6i7;  abuses  free 
schools,  557. 

Pratt,  Charles,  attornev-gcneral,  ii.  529  • 
on  American  loyaltv,  532;  made  a 
poc.-,  iii.  132.    See  Camden,  Lord  I 

Presbyterians,  in  Virginia,  in  council  and  ' 
resolve,  iv   100,  lol ;  obtain  equality  ! 
and  freedom  of  worship  in  Virginia 
and  Now  Jersey,  v.  123;  views  as  to  '' 
allianca  with  tho  state,  vi.  156,  168- 
opposed  to  slavery,  261.  ' 

Prcscott,  Samuel,  of  Concord,  rouses  the 

people,  iv.  153. 
Prescott,  William,  of  Peppercll,  iv.  164  • 
watches  entrancs  to  Boston,  168-  oc- 
cupies Breed's  Hill,  on  night  of  Juno 
16,  1775,  21.5,  216;  "ourage  nrd  en- 
durance  of,  with  his  irc>n,  217  ;  Essex 
Worcester,  and  .Middles^;:  county  men 
join,  221 ;  conduct  of,  in  battle,  224- 
for  want  of  powder  has  to  retreat' 
227,  228 ;  noble  bravery  of,  229 ;  on 
Governor's  Island,  New  York,  v  26  • 
Washington  withdraws  the  garrison 
on  the  island,  39;  with  his  regia  nt 
at  Throg's  Neck,  69. 
Prcscott,  British  general,  taken  prison- 
er, v.  155. 
Press,  the,  free  in  England,  ii.  8. 
Press,  the  colonial,  free  in  Massachu- 
setts,  ii.  246;  in  Now  York,  254,  255  • 
earliest  newspapers  in  America,  258  •' 
influence  of,  in  Boston  and  New  York' 
ui.  201,  262;  the  " Boston  Gazette"' 
denounced  in  parliament,  266. 


Preston,  orders  troops  to  (Iro  on  tho 
people  in  Boston,  Iii.  874,  376 ;  trial 

Prevost,  British  general,  sends  two  ox- 
poditions  into  Georgia,  v.  866;  coca 
to  Savannah,  307;  goes  against 
Charleston,  South  Carolina,  S69;  pil- 
lages  South  Carolina,  371 ;  defends 
Savannah  against  D'Estaing  and  the 
Americans  (1779),  372,  373. 
Price,  Ricliard,  paper  on  "Liberty," 
iv.  342 ;  congress  invites  help  of,  in 
financial  straits,  v.  293. 

j  Pridcaux,    in    command    against    Fort 

I       Niagara,  ii.  498,  601 ;  death  of,  601. 

,  1  rmccton.  New  Jersey,  battle  of,  v,  106- 

'      107. 

Pring,  Martin,  explorations  of,  on  coast 
of  iMaine  and  Massachusetts,  i,  81- 
second  voyage  of,  83.  ' 

Printing,  no  press  allowed  in  Virginia, 
I.  473;  in  North  Carolina,  ii.  17;  iu 
New  Jersey,  not  allowed,  33,  34. 

Printz,  Swedish  governor,  i.  603. 

Prisoners.    See  Exchange  of  Prisoners. 

Irivatcers,  American,  in  Spanish  har- 
bors, v.  21 ;  vnry  successful,  61,  222: 
m  French  port.s,  134. 

Prize  courts.     Sec  Admiraltv  Courts 

Proctor,  John,  hanged  for  witchcraft",  ii. 
63,  64. 

Proprietaries,  in  Carolina,  i.  417-419. 
contest  with  the  people,  434  435       ' 

Protestant  Episcopal  Church,  in"  tho 
United  States,  successor  of  the  Church 
of  England,  vi.  159,  160.  See  Enis- 
copal  Church. 

Providence  Plantations,  i.  249  d  .w/ 

Providence,  Rliode  Island,  founded  i 
254 ;  united  to  Rhode  Island  by  ch'arl 
ter,  298;  favors  congress  (1774),  i v. 
13;  people  of,  seize  cannon,  94. 

J-russia.     See  Frederick. 

Public  lands   in  the  United  States,  v. 
14;    Jefferson's   ordinance    for    dis^ 
posing  of,  vi.  118  ;  cession  of  claims 
by  Virginia  and   other  states,  282 
ft  sfqq.  ' 

Pulaski,   Count,   of   Poland,  joins  tho 
cause  of  the  United  States,  v    132 
133;   at  battle   of  tho  Brandy  wine! 
179;    brigadier  -  general   of  cavalry 
179 ;  in  New  Jersey,  233 ;  in  Charles!    . 
ton,  369,  370;  mortally  wounded  at 
Savannah,  373. 

Pulteney,  earl  of  Bath,  friend  to  Ameri- 
can liberty,  ii.  524. 

Puritans,  in  exile,  i.  184;  treatment  of, 
by  James  I.,  196  ;  parliament  favors, 
king  and  bishops  prosecute,  197, 198  • 
many  of,  resolve  to  flee  from  perl 


650 


INDEX. 


}.i 


;,"! 


■ocutlon,  198,  109;  ro  to  Holland, 
200;  reject  ordination  by  biahopB, 
lSi>3 ;  peiBccuto  in  turn  in  Masaacliu. 
Bctts,  an,  812;  peculiarities  of,  316, 
317;  people  supicne  in  every  tiling, 
817,  318  ;  exclusion  of  dissenters  ne- 
cossary,  319;  uever  themselves  from 
all  old  customs,  319,  320  ;  consequent 
effects  upon  the  people,  321 ;  dan;,'er 
to,  from  the  restoration  of  the  Stuarts, 
322 ;  lose  power  in  England,  strong 
in  New  England,  350. 

Putnam,  Israel,  second  lieutenant  (1765), 
11.  43tt  ;  major,  4S0  ;  falls  among  the 
savages,  491 ;  as  to  number  ofmen 
for  resistance,  ill.  173  ;  in  Boston,  iv. 
47,  48;  courage  of,  67;  hurries  to 
the  field  (April,  1776),  170;  brigadier, 
general,  175;  bold  and  active,  213; 
visits  Prescott  on  Breed's  Hill,  217, 
218;  active  .and  energetic,  222;  takes 
possession  of  I'rospect  iiill,  228  ; 
elected  mujor-general  by  congress, 
234;  on  Long  Island,  New  York,  v. 
28  ;  rash  order  to  Stirling,  30 ;  dlsas- 
ter  following  duo  to,  33;  division  of, 
retreats,  45;  at  Philadelphia,  88; 
thinks  ill  of  Washington's  jiroposed 
expedition,  93  ;  ordered  by  Washing- 
ton to  send  troops,  181  ;  bungling 
work  of,  185,  180;  improper  conduct 
toward  \Vu8hington,  \dl ;  plan  of,  for 
colouizing  Ohio,  vi.  81. 

Putnam,  Rufua,  engineer  at  Dorchester 
Heights,  Boston,  iv.  320;  in  New 
York,  V.  40 ;  ordered  to  obstruct 
Hudson  river  all  possible,  70 ;  thinks 
P'ort  Washington,  New  York,  impreg- 
nable, 74;  plan  for  colonizing  the 
West,  vi.  282;  appeal  of,  to  Wash- 
ington (1781),  282,  283  ;  further  steps, 
283. 


Q. 


(Quakers,  banished  from  Virginia,  i. 
151 ;  persecuted  in  New  England, 
312-315;  persecuted  in  Virginia, 
448  ;  persecuted  in  New  Netherland, 
CU;  tenets  and  origin  of,  628-530; 
"inner  light,"  as  they  hold  it,  635, 
638  ;  reject  superstition,  536 ;  accept 
the  Bible  and  Christianity  as  they 
understand  these,  637,  538  ;  views  on 
questions  of  philosophy,  morals,  cere- 
monies, ministry,  etc.,  538-642 ;  views 
on  other  points,  543-545 ;  persecuted, 
645,  646 ;  buy  half  of  Now  Jersey, 
646 ;  intercourse  of,  with  the  Indians, 
648,  640;  legisl.ition  of,  571;  in 
Bhodo  Island,  Oil;  in  Carolina,  ii. 


11-10;  opinions  na  to  fighting,  |v. 
109 ;  in  Pennsylvania  and  Now  Jer- 
sey  (1776),  v.  89;  views  aa  to  re. 
ligious  and  civil  power,  164. 

Quarry,  on  colonial  independence,  Ii,  85. 

Quebec,  founded,  1.  20 ;  takt.i  by  Kirk, 
219,  220;  preparations  for  defence 
of,  ii.  201 :  expedition  against,  603- 
608;  plan  of  Wolfe  for  attack  on, 
608 ;  battle  on  the  Plains  of  Abra< 
ham,  509--C11;  surrender  of,  612; 
besieged  by  the  French,  622 ;  relieved 
by  the  English  fleet,  622,623;  bill 
for  regulating,  passed  in  parliament, 
taking  away  all  rights,  iii.  482  ;  sends 
help  to  Boston  (1774),  iv.  28 ;  "  Que- 
bec act,"  79;  steps  taken  toward 
freeing  Roman  Catholics  in  Canada, 
79,  80;  increase  of  territory,  80; 
French  law  system  restored,  80  ;  no- 
bility of,  c  'iciliuted,  80;  establish- 
ment of  ho...an  Catholic  worship,  80, 
61 ;  Dickinson's  address  to  the  people 
of,  81,  82;  expedition  against,  pro- 
posed by  Brewer  (1775),  173,  174; 
expedition  against,  297,  298 ;  B.  Ar- 
nold arrives  near,  301  ;  assaulted  by 
Montgomery,  who  leads  his  men  and 
falls,  304,  306 ;  Arnold's  attack  on, 
fails,  307,  ?08;  Americans  in  the 
town  surrender,  Carlcton  humane  and 
generous  toward  them,  307,  308. 

Queen  Anne's  proclamation.  Sec  Anne, 
Queen  of  England. 

Quince,  Parker,  of  Wilmington,  North 
Carolina,  generous  offer  of,  iv.  28. 

Quincy,  Josiah,  junior,  iii.  263 ;  at  trial 
of  Preston,  390 ;  favors  assassination, 
418;  at  public  meeting  in  Boston, 
456 ;  brave  words  of,  456. 

Quotas  and  salaries,  in  the  colonies,  un- 
der William  III.,  ii,  75,  77. 

Quotas  of  troops,  the  colonies  agree  to 
raise  1,000  men  (1675),  i.  390;  and 
4,000  men  (1757),  ii.  460;  apportion- 
ment  of,  to  the  states  by  congress,  v. 
62. 


R. 


Raleigh,  Sir  Walter,  high  character  and 
ability  of,  i.  67 ;  patent  granted  to,  by 
Queen  Elizabeth,  09 ;  sends  out  ex- 
pedition under  Araidas  and  Barlow, 
69 ;  Carolina  reached,  attractions  of, 
69,  70;  return  of  colonists,  70;  new 
expeditions  sent  out  under  Lane  and 
Grenville,  71;  the  natives,  70,  72; 
explorations  by  Lane,  73,  74 ;  hostile 
spirit  of  the  natives,  74;  return  of 
the  colony,  75  ;  further  effort  to  plant 


INDEX. 


»  itftte,  White  appointed  govcmor. 

■       ;  Ili'''"""'  '"'  "!  "«••''«««  ''is  pat- 
ent, 77;  culojry  on,  78,  70;  how  his 

numo    and    faHiO    mo    poipotuatcd, 

"Raldgh,  the  city  of,"  inhabitants  of 
colony  sent  o.it  by  Hir  Walter  K.JoiRh 
I.  77;  capital  of  the  state  of  ^ortll 
t^arolina  bears  tliis  name,  79. 

Rail,  a  Ilessiun  general,  v.  79,  80;  ct 
rienton,  89,  9u ;  contempt  for  Wash- 
Inf,'ton  and  the  Americans,  93,  00- 
captured  with  hia  troops  at  Trenton,' 

•»",  99. 

Ramsay,  In  command  of  garrison  at 
guobec,  II.  fill ;  Hurrender.s,  612 

Ramsay,  David,  in  South  Carolina  state 
convention  on  tho  federal  constitu- 
tion,  vi.  419. 

Raado'ph,  Kdm.  -d,  In  tho  Virginia  con- 
vention,  iv.    "AS;  governor  of  Vir- 
ginia  VI   198;  appointed  delegate  to 
»no    foiieral    ccnvention,    198    202- 
Btation  and  character  of,  208*,  209- 
opens  the  convention,  212,  216  217* 
220;   on   federal   insufficiency, '230  • 
one  of  tho  committee  of  Hvo,  257- 
views  on  admittiug  new  states,  263 ;' 
on  the  rule  of  representation,  267' 
on  notional  legislation,  270;   as  to 
ratification  of  the  constitution,  273  • 
one  of  the  committee  of  detail,  274  •' 
on  taxing  exports,  slave-trade,  etc' 
816,   319,   323;    on   the  election  of 
president  of  the  United  States,  336  • 
proposes  another  convention,  366 ;  re- 
fuses to  sign  the  constitution,  364 
S65 ;  won  oyer  to  do  so  by  Washing! 
ton,   377;    in   the  state  convention 
vigorously  supports  tho  federal  con- 
stitution, 427-430. 
Randolph,  Edward,  agent  of  the  privv 
council  to  Massachusetts,  i.  396;  char- 
acter of,  and  action,  396 ;   collector 
of  customs  in  Kew  En^jand,   402- 
goes  back  and  forth  to  England,  hos' 
tile  to  Massachusetts,  403 ;  with  An- 
dres, 685. 
Randolph,  John,  in  Virginia  house  of 
burgesses,  opposes  measures  of  Pat- 
rick I  ,nry  and  other  patriots,   iii. 

Randolph,  Peyton,  iii.  in  ;  member  of 
the  hrst  congress,  iv.  61 ;  with  Wash- 
ington advises  moderation,  147- 
president  of  second  continental  con- 
gress, 200 ;  speaker  of  the  house  of 
burgesses  (1776),  201. 

Rasles,  Sebastian,  Roman  Catholic  mis- 
sionary among  the  Indians,  ii.  99.  218 
2U>;  death  of,  220. 


651 


Ratcliffo,  John,  member  of  tho  council 
in  Virginia,  i.  92 ;  deposed,  95. 

Rawdon  Lord,  and  Ivi.U  regiment  in 
New  Url,    V.   290;   ordered  to  the 

So.ithbyCinton.875;onlheSantee. 
J81;  cruelty  of,  8H2;  .t  Camden 
Houth  Carolina,  886.  186;  with  Corn! 
jval  is  In  retreat,  401 ;  at  Ilobkirk's 
ilill,  success  over  General  Greene 
498,  499;  at  Orangeburg,  601;  disi 
graceful  inhumanity  in  Charleston. 
602;    gocD   back    to    England,   602, 

Rowlings,  Colonel,  v.  78,  79. 

^u^mbault,  Charles,  leader  of  mlision- 
aries  to  tho  Indians,  ii,  141.  14'). 
death  of,  142.  '  ' 

Rnynal,  Abb6,  on  the  numb'^r  of  slaves 
brought  from  Afri-  -  ii.  277  History 
of  the  1  wo  Indies  .y,v.  409;  prinel- 
P^es  of,  4 r,  470;  flees  to  Holland, 

4<0.  ' 

Ravncval,  assistant  of   Vergennes,  y. 

605,'oOO:"'    '^'""'""'°  '"  ^"t'l'"^'^' 

Road,  Charles,  colonel  of  the  Monmouth 
battalion,  submits  to  Howe  in  New 
Jersey  (1770),  v.  83. 

Read  Gcoige,  of  Delaware,  in  the  fed- 
oral  convention,  vl.  215. 

Red  Bank,  New  Jersey,  t.  105 ;  fort  at 
evacuated,  199.  ' 

Rcd^  men,  American  Indians,  Ayllon 
seizes  many  for  slaves,  i.  25 ;  in  Caro- 
Una,  72;  in  Virginia,  127;  Jesuits 
among,  166;  number  in  New  Enir- 
land,  383;  the  "praying  Indians," 
j^88;  war  ogainst  the  whites,  886- 
S93 ;  result,  393. 

_^  Red  men,  east  of  tho  Mississippi. 
11.  89;  grouped  according  to  Ian- 
guages,  00;  Algonkin,  most  wide- 
spread,  used  by  half  the  original  popu- 
lation  between  the  St.  Lawrence  and 
the  Mississippi,  fifteen  tribes,  90-93- 
Dakotas,  four  tribes,  P4  ;  IroquoL^,  or 
Wyandot,  seven  tribes,  94,  96  ;  Chcro. 

\Tl.,^^''  ^'■'""'«»  »6;  Natchez,  97; 
Mobiltan,  97,  98;  total  numbers,  99, 

,.^""?"age  of,  peculiarities,  101, 
102;  manners  and  dwellings,  102- 
marriage,  103 ;  mother  and  child,  104  J 
hard  lot  of  woman  among,  106,  106- 
resources  for  living,  106,  107;  hospil 
tality,  107  ;  famine,  and  treatment  of 
the  sick  and  aged,  107;  dress  and 
decorations,  107,  108. 

Law  among,  no  written  or  fixed. 
109;  retaliation,  109,  110;  tribe  or 
union  of  families,  110,  111 ;  chiefs, 


»  ^• 


I; 


652 


INDEX. 


1  Hh*  i 


m 


■  1  a 


i^n 


councils,  treaties,  111,  112;  war  cus- 
toms  and  parties,  113;  treatment  of 
captives,  IM,  13  5;  for  a  of  govern- 
ment  federal,  116;  chiefs,  warriors, 
etc.,  116,  117. 

Keligious  ideas,  1 J  8  ;  manitous, 
guardian  spirits,  llij;  sacrifijes,  pen- 
ance, medieine-inen,  1 20-1 2^ ;  dreams, 
burials,  122;  death,  world  of  shades, 
graves,  123,  124. 

Natural  endowments  of,  125;  com- 
pared with  white  men,  126;  ill  suc- 
cess of  attempts  to  educate,  127, 
128 ;  physical  c'laracteristics,  12S ;  ini- 
provement  of,  slow,  129. 

Origin  of,  129;  mounds,  language, 
customs,  129-131;  supposed  artiai- 
ties,  131,  132;  astronomical  science, 
133;  connection  with  Asia,  134; 
.American  anJ  Mongolian  races,  135 ; 
unity  of  the  hunun  ni'^e,  136. 

Ravages  of  the  red  men  along  the 
Alleghanics,  ii.  414;  peace  with,  in 
the  West,  iii.  85,  88 ;  submission  of, 
to  the  Eni,'lish,  15i,  152;  congress 
declines  eioployiag,  iv.  240 ;  employ, 
ment  of,  by  the  British  against  the 
Americans  a  failure,  v.  170,  171; 
congress  quiets  the  title  of,  to  a 
great  part  of  Ohio,  vl.  233. 

See  Pequods,  Irotpiois,  Narragm- 
setts,  Mohog.ins,  Mohawks,  Cheroket's, 
Creeks,  Philip,  Pontile. 
Red  river,  the  Spauiarda  on,  i.  48 ; 
these  leave  the  United  States  and 
entrr  the  river  Pauuco,  49. 
Reed,   Esther,   and    the    Penn  Jvania 

wo.-Tien,  V.  415. 
Reed,  Colonel  James,  marches  to  Pres- 

cott's  support,  iv.  220. 
Reed,  Joseph,  of  Philadelphia,  desires 
reconciliation  with  England,  iv.  11; 
opposes  arming  the  province,  251. 
Regicides,  three  escape  to  America,  fate 

of,  i.  347:  grave  of  one,  iv.  51. 
"  Regulating  act"  for  Massachusetts,  iv. 

43-45. 
Regulator?,  in  North  Carolina,  iii.  303, 
395,  398;    defeated  by  Tryon,  400, 
401;    Tryon    hangs    prisoners,    401, 
402;  cross  the  AUeghanies  and  set- 
tle in   the   valley  of  the   Watauga, 
402.    See  Watauga. 
Reid,  the  Scotch  philosopher,  iv.  312. 
Requisitions,  Washington's  view  on  en- 
forcing (1779),  V.  456. 
Revere,  Paul,  night  ride  to  Lexington, 
iv.  153.  °      ' 

Revolution,  American,  necessity  and 
principle  of,  iv.  3,  4 ;  beginning  of, 
160.  o         fa      , 


Revolution  in  England  on  the  fall  of 
the  Stuarts  (1649-1660),  a  democratic 
revolt,  1.  325 ;  counter-revolution  un- 
der Oliver  Cromwell,  836-342. 
Revolution  of  1688,  aristocratic,  5.  698; 
ii.  3 ;  political  theory  of,  7  ;  result  of| 
8 ;  beneficial  to  the  colonics,  9,  lo  • 
favored  privilege,  not  liberty,  56. 
Rhett,   William,   brave  conduct  in  de- 
fending Charleston,   South   Carolina 
(1706),  ii.  194. 
Rhode  Island,  gift  of  island  by  Mianto- 
nomoh,  i.  263 ;   Roger  Williams  ob- 
tains charter  from  parliament,  296; 
favored  by  Charles  II.,  362;  provil 
sions  of  charter,  363 ;   charter  read 
and  joyfully  acconted,  303  ;  liberty  of 
conscience  fully  established,  364 ;  gen- 
oral    assembly,    two    houses,    365 ; 
boundary  troubles,  365 ;   royal  com' 
mi  sioners  received,  376,  377 ;  Andros 
in,  587 ;  revolution  (1689),  democracy 
triumphant,  606;  H.  Bull  governor 
606.  ' 

After  the  revolution  of  1G88,  rights 
of  the  people  in,  ii.  48,  49  ;  spirit  of 
(1764),   iii.   91;    favors   a  congress, 
146 ;   Lord  Sandwich  fierce  against, 
415;  attack  on  the  charter  of,  428 ; 
Samuel  Adams  advises  holding  on  to 
rights,  429  ;  course  of  the  authorities 
as  to  the  Gaspee  matter,  434  ;  seizure 
of  cannon,  etc.,  in,  iv.  94 ;  the  gov- 
ernor calls  the  assembly  (1775),  171  ; 
men    of,    march   immediately,    171  • 
issues  notos,   174;  votes  1,6U0  men 
for  the  army,  175  ;  Nathaniel  Greene 
chosen  general,  176 ;  with  other  colo- 
nies, sends  out  armed  vessels,  249 ;  re- 
fuses all  allegiance  to  the  kii,„  331 ; 
slaves  emancipated  and  enlisted  in  the 
army,   v.    219 ;    obstructs  action    in 
congress,  vi.  33,  34  ;  joins  Massachu- 
setts in  the  navigation  act,  etc.,  141  ; 
troubles  in,  as  to  paper  money,  169, 
170  ;  refuses  to  send  delegates  to  the 
federal  convention,  201 ;  position  of, 
toward  the  convention,  211;  strange 
conduct  as  to  national  matters,  462. 
Ribault,  J.,  sent  by  Coligny  to  plant  a 
colony  in  Florida,  i,  51  ;  lands  at  Ilil- 
t(m  Head,  51,  52;  the  region  named 
Carolina,  52 ;  ships  of,  wrecked,  56, 
57. 
Rice-plant,  introduced  into  Carolina,  ii. 
13  ;  excellence  of  Carolina  rice,  13  ; 
wider  trade  in,  offered  to  South  Caro- 
lina and  Georgia  (17f>4),  iii.  71. 
Richmond,  duke  of,  iii.   216 ;  opposes 
the  Boston  port  bill,  475  ;  hopes  that 
the  -\mericans  will  resist,  iv.  11 ;  mo- 


Ij'i,; 


INDEX. 


tion  of,  in  favor  of  America,  284  • 
urges  making  peace,  v.  224 ;  on  the 
declaratory  act,  24Y ;  hopes  to  avoid 
war,  25U;  in  the  house  of  lords, 
25o.  ' 

Richmond,  Virginia,  burned,  i.  465, 466  • 
state  convention  on  tlie  federal  con- 
stitution meets  in,  vi.  426 

Rider,  Kir  Dudley,  advises  taxation  of 
America,  u.  352. 

Ricdesel,  F.  A.,  in  command  of  the 
Brunswick  mercenaries,  iv.  851  •  in 
Quebec,  380;  with  liurgoyne,  v.  156, 
lua,  IfaO;  reconnaissance  of,  with 
Burgoync,  187;  at  JJurgoyne'a  sur. 
render,  I'JO,  191. 

Riflemen  American,  brave  aLd  efficient. 
IV.  248.  249.  ' 

Rigby,  Alexander,  and  Lygonia,  i.  299, 

Rigby,  Richard,  in  the  board  of  trade 
u.  442j  443 ;  leader  of  the  Bedford 
party,  ni  218;  on  the  ignorance  of 
the  people,  364;  approves  of  coer. 
cion,  iv.  282. 

Rio  Grande  del  Xortc,  discovery  of  tribu- 
taries  of,  i.  35. 

Rittenhouse    presides  in  town-meeting, 

Philadolphia(1776),  V.  83. 
Kmngton,  James,  pri)iting.officc  of,  in 

NewYork,  rifled  (1776),  iv.  317. 
Roanolve    Island,   visited   by  Raleigh's 

colony,,    70;  a  small  party  left  on, 

all  perish,  75.  ' 

Roberdeau,  Daniel,  president  of  town- 
meeting  in   Philadelphia  (1776)    iv 
420.  -" 

Robertson,  James,  on  the  Watauga,  iij. 
394 ;  at  I-ort  Watauga,  v.  C3 ;  oa  the 
Cumberland  river,  316 

Robertson  William,  the  historian,  in 
lavor  of  government  cocrciii'r  Amori- 
ca,  IV.  288,  289.  I 

Robertson,  British  general,  effort  of,  to 
obtam  Andre's  release,  v.  436 

Roberyal  F.  de  la  Roque,  voyage  of,  to 
^orth  America,  i.  17. 

Robinson,  John,  minister  of  the  Puri.. 
tans  who  go  to  Holland,  i.  199,  200- 
farewell  address  to  the  pilgrims.  205  •' 
death  of,  21.3.  '    o        ,        , 

Robinson,  John,  lieutenant-colonel  at 
Breed's  Hill,  iv.  224. 

Robinson,  Sir  Thomas,'  advises  to  fi^ht 
for  liberty,  ii.  417,  418.  " 

Robinson,  William,  a  Quaker,  hanged  in 
Massachusetts,  i.  314. 

Rochambeau,  Count  de,  arrives  in  New- 
port  with  6,000  men,  v.  426;  meets 
>>  ashington,  50.5,  KQH  •  hnnoro.i  b" 
congress,  523;  encamps  inVirginr^ 


658 


m 


C25;  latter  yeara  of,  in  France,  >i. 
Rochcblavc,  at  Kaskaskia,  v.  311 

"^'  fi  lil'/^''  ?f:  secretary  of  state,  Hi. 
rfi5,  rflb ;  opinions  of,  iv.  860 
Rockingham,  marquis  of,  prime  minister, 
i  •  "'.'^  disposed  to  leniency.  152 
lo3;  ministry  of,  unable  to  agree 
howto  act,  174;  holds  on  to  place 
180 ;  plans  of,  223 ;  insults  Pitt,  225  • 
with  Bedford  and  GrenviUe,  258  269  •' 

speechof  366,  367;  opposes  the  Bos: 
ton  port  bill,  475;  diilers  with  Chat- 
ham, ly.  99;  on  address  to  the  kin- 
lU;  theory  of  colonial  government; 
-ipv;  m  parliament,  v.  53,  56-  ad 
vises  acknowledging  independence  of 
the  United   States,   249,   250.   28->- 
sliarply  censures  manifesto    of    the 
commissioners,  287;  leader  of  party 
m  parliament  (1782),  532;   forms  a 
ministry    533,    534;  death   of,   643 
results  of  the  ministry  of,  643,  644 
Rodney,  Sir  George,  fleet  of,  al  Marti- 
Tt^l  "-Z.^^'  captures  St.  Eustatius, 
v.  <i-^4,  36u ;  exploits  of,  in  West  In- 
dies,  428-430;  in  New  York,  430- 

ov"Tr?^'''^"*^'^^'''"7;  victor; 
over  de  Grasse,  640,  541  ^ 

i      in^Yi^'^nT^'-  °"  ^Washington's  cross- 

I      ing  the  Delaware  (1776),  v  97 

Rojrers,  Major  R.  (1758),  ii.  491;   on 

Lake  Erie,  523;  meets  Pontiae,  524- 

taives  possession  of  Detroit  524         ' 

Rogers,  Samuel,  the  poet,  iv.  186  " 

Kolfe,  John,  converts  to  Christianity  and 

marries  Pocahontas,  i.  106,  I07 
Roman  Catholics  in  the  United  States 
vi.  164,  166      See  Catholics,  Roman. 
Komney,  Eng.ish  ship-of-war,  in  Boston 
harbor,  iv.  28!). 

Ross,  George,  of  Pennsylvania,  in  con- 
gress,  IV.  72.  ' 

Rotcb,  owner  of  tea-ship,  at  Boston,  iii. 
4.)2-4u5 ;  tea  emptied  into  tho  har- 
bor,  45o,  457. 
Rousseau,  views  of,  ii.  556. 
Rowe,  John,  in  Boston,  iii  '454 
Rowlandson,  Mary,  story  of  Indian  as- 

sault  and  massncr-j,  i.  391,  390 
Roxbury,  Massachusetts,  i.  237  "" 
Royalists.     See  Loyalists. 
Rush,   Benjamin,  of  Philadelphia,   iv, 

433 ;  on  articles  of  confederation,  v. 

13;  m  the  New  .Jersey  Gazette,  glo- 

nfying  Gates,  214;  letter  to  Patrick 

Henry,  how  received,  214,  216 
Russia,   Chancellor's  visit  opens  com- 

"::r'=:?^r»'.  ''-^'^-^  discoveries  of,  ii. 

I.o'        '  *''^''*''-^' "'"'  ^''h  England,  441, 
442 ;  empress  of,  declines  to  hire  out 


ill,. 


M\\ 


l\,' 


554 


INDEX. 


i»:  I- 


her  troops  ngnhist  the  Americans,  iv. 
2Y6-27i> ;  rejoices  over  alliance  of 
France  with  the  United  States  (1778), 
V.  '205 ;  policy  of,  84*2 ;  neutral  pow- 
era  look  to,  for  protection,  S47 ;  re- 
bukes the  conduct  of  the  British,  348  ; 
asserts  neutral  rights  in  every  sea, 
853 ;  empress  of,  declares  neutral 
rights,  and  invites  other  nations  to 
join,  355,  uoO ;  service  of,  to  the 
United  States,  vi.  60. 
Rutherford,  of  North  Carolina,  against 

the  Indians,  v.  64. 
Rutlcdgo,  Edward,  in  congress,  iv,  70, 
73,  74 ;  moves  exclusion  of  negroes 
from  the  army,  without  success,  201, 
262;    gets  Charles  Lee  sent   to  the 
South,   385 ;   opposes   declaration  of 
independence,  423  ;  on  confederation 
and  union,  v.  11;  one  of  committee 
to  meet  Howe,  41,  43  ;  on  constituent 
congress,  vi.  11. 
Rutledge,  John,  in  South  Carolina  legis- 
laturc,  iii.  121 ;  in  congrcs.«,  149, 150; 
presidciit  of  South  Carolina,  iv.  895 ; 
address  of,  395,  390  ;  on  api)roach  of 
British  fleet,  active  in  defence,  898; 
course  of,  with  the  troops,  400 :  sends 
powder  to  Mnultrie,  407 ;  visits  and 
thanks  Moultrie  and  the  rest,  4 10, 4 1 1 ; 
governor  of  South  Carolina,  v.  S08; 
convenes  the  assembly,  556 ;  in  con- 
gress, views  on   revenue  and   credit 
systems,  vi.  08 ;    in  the  federal  con- 
vention, 217,  219,  256;    one  of  the 
committee  of  five,  257  ;  proposition  of, 
as  to  New  Ilampsliire  members,  259 ; 
chairman  of  committee  of  detail,  274, 
275 ;    on  assumption  of  state  debts, 
311;   in  debate,  on  the   slave-trade, 
816,  319 ;  on  election  of  the  president 
of  the   United   States,   332;    on  im- 
peachment,  347 ;    on    the    supremo 
court,  350,  351 ;  on  ratifying  the  con- 
stitution,  356 ;    speech  of,  in  South 
Carolina  assembly,  419. 
Ryder,  Sir  Dudley,  opinions  of  (1749), 

ii.  352. 
Ryswick,  peace  of,  il.  1 85. 


S. 


Sackvillc,  George,  viscount,  ii,  440 ;  dis- 
obedient, court-martialed,  disgraced, 
499,  600;  iii.  132;  nevertheless  re- 
stored and  put  in  office,  as  Lord  Ger- 
main,   Sec  Germain. 

Saco,  Maine,  in  1036,  t.  221. 

Sacs  and  Foxes,  Indians,  ii,  93,  94, 
151. 


Sagndahock,  i,  c.,  Jfaino  cast  of  the  Ken. 

ncbec  river,  protected,  i.  570, 
Sag  Harbor,  New  York,  Meigs's  expc 

dition  to,  v,  152, 
Saint  Augustine,  Florida,   founded  by 
Melcndez  and  the  Spaniards,  i.  56 ;  the 
oldest  town  in  the  United  States  cast 
of  the    Mississippi,   66;     expedition 
against,  from  South  Carolina,  ii.  194. 
Saint-Castin,  Baron  do,  ii.   178  ;   takes 
fort  of  Pemaquid  (1606),  183  ;  thwarts 
Massachusetts  expedition  against  Aca- 
dia (1704),  198. 
Saint  Clair,  general  narrative  of,  criti- 
i      cised,  v.   106;    at  'i'iconderoga,  167- 
I      retreats,  the  fort  lost,  160,  161;  re- 
treats to  Fort  Edward,  163. 
Saint  Clair,  Lake,  ii.  163. 
Saint  George,  Fort,  at  the  mouth  of  the 

Kennebec  river,  i.  90, 
Saint  John,  Lord  Dolingitroke,     Sec  IJo- 

lingbrokc. 
Saint  John's,  Canada,  citadel  of,  iv.  294  • 
invested  by  Montgomery,  294  ;  taken 
after  siege,  290. 
Saint  Lawrence,  gulf  and  river,  discov- 
ered by  earlier,  i.  15,  16. 
Saint  Leger,  Colonel,  and  Indian  war- 
riors, against  Fort  Stanwix,  v,   107, 
108;  runs  away,  170. 
Saint  Loui.-s,  on  the  bay  of  Matagorda 
Texas,  founded  by  La  Salic,  ii.  172.    ' 
Saint  Louis,  Missouri,  date  of,  iii.  162' 
importance  of,  319.  ' 

Saint  Mary,  bay  of,  Spanish  name  for 

Chesapcalio  bay,  i.  6(t,  51. 
Saint  Mary's,  on  the  river  Wye,  Michi- 
gan, central  Roman  Catholic  mission 
station,  ii.  140. 
Saint  Matthew,  Spanish  name  for  the 
May  river,  or  St.  John's  river.  Fieri- 
da,  i,  53,  57. 
Saint-Pierre,  at  Fort  Lc  RoMif,  Water- 
ford,   Ohio,   visited    by   Washington 
(1764),  ii.  380.  ^ 

Saint-Simon,    French  commander  with 

Washington  and  Lafayette,  v,  516. 
Salem,  Massachusetts,  founded  by  En- 
dicott,  i.  223 ;  Skelton  and  Iligginson 
elected  by  the  people  pastor  and 
teacher,  228 ;  dispute  in,  with  Roger 
Williams,  249,  260;  Williams  elected 
teacher  in,  251 ;  town  disfranchised, 
Williams  exiled,  252 ;  witchcraft  de- 
lusion in,  and  result,  ii.  58-66 ;  named 
to  take  the  place  of  Boston,  iv,  5 ; 
firm  in  support  of  Boston,  8 ;  legisla- 
ture meets  in,  22 ;  generous  to  Bos- 
ton, 25;  British  expedition  to,  132. 
Salem,  New  Jersey,  on  the  Delaware,  i. 
647. 


INDEX. 


Salle,  La.     Soe  La  Salle. 

Salmon  Falls  ylllage,  binned,  ii.  180. 

Saltonstall,  Sir  Uiclmra.  i.  22a-  at 
Watortown,  Massachusetts,  2;i7'  on 
poses  a  ina-istracy  for  life.  259;  in 
i!«nglan(l,  defends  Massachusetts.  273  • 
complains  of  Massachusetts  intoler' 
ance,  311, 

Salzbui-Kors     Lutheran    emigrants,    in 

Georgia,  li.  284-289. 
Samosct  sent  by  Massasoii  to  welcome 

the  pilgrims,  i.  210. 
Saudiisky',  l-'ort,  iii,  48,  41 
SandwMi,  Lr.nl,  abuses  the  Americans, 
IV.  9.3;    abuses  Franklin,  110;    calls 
tiie   Americans    cowards,    137    138- 
madly  bent  on  coercion,  188     '  ' 

bandys  8ir  Edwin,  treasurer  of  the  Lon- 
don Company,  i.  1 1 1 ;  firmness  of,  113 
114;  aids  the  colonists  i„  Virginia; 
133 ;  also  the  fishermen  iu  New  En-' 
land,  215,  210.  ° 

Sandys    Goor-e,  reside^..',   treasurer  in 

Virginia,  i.  1 14. 
Saratoga,  New  York,  Burgoyoe's   sur- 
render at,  V.  189-191. 
Sargent,  W.,  an  agent  of  the  Ohio  Com- 
pany, vi.  290. 
Sartine,  French  minister  of  marine,  sus- 
tains Vorgcnnes,  iv.  301,  304  ;  favors 
war  with  England,  370. 
Sassafras  root,  cargo  of,  carried  by  Gos- 

nold  to  England,  i.  80. 
Sault  St.  Marie,  oldest  European  settle- 
ment  in  Michigan,  ii.   152;   French 
mussion  at,  153,  154. 
Saunders,  Sir  C,  in  command  of  British  ' 

fleet,  u.  499,  603,  505. 
SauvoUe,  brother  of  Iberville,  11.  189   i 

Savannah,  Georgia,  founded,  ii.  282  i 
283  ;  taken  by  the  British  under  ' 
Colonel  Campbell  (1778),  v.  307:  at-  i 

i%.r  fj^  ^'"'^o'"  ''"J  d'Estaing.  | 
.J73;  failure  of  attack,  873  374.  I 
evacuated  by  the  British,  655  '  '  ' 

Sayille,  Sir  George,  noble  speech  of,  in  I 
the  commons,  ill.  864;  on  American  ! 
resistance,  iv.  126.  ' 

Saxe  Weimar,  refuse's  to  hire  out  troops 
against  the  United  States,  v.  234 

Saxony,  refuses  subsidiary  troops  against 
America,  iv.  349 ;  v.  2;!3,  234 

Say  and  Seal,  Lord,  fricmd  to  the  Puri- 
tans, i.  258 ;  one  of  Warwick's  assi-ns 
for  the  valley  of    the  Connecticut, 

G    ,     \,?.',TP^  ''"^  *°  Winthrop,  306,  357. 

havio,  William,  proprietary  j.'overnor  in 
Larolina,   in    companv    wit!-,   Joseph 
»»J..  VI. — 37 


555 


Iba^'i  S"*  *^°'°'^''''^  *°  ^^""tli  Caro. 

Scammel,  of  New  Hampshire,  does  cood 

service  with  Gates,  v.  184. 
Schenectady,  New  York,  burning  of  and 

massacre  by  the  Indians,  ii.  180. 
Schiller,  the  (Jerman  poet,  v.  233  " 
Schuyler,  l>eter,  reproof  to   Vaudrcuil 

11.  198 ;  takes  five  Iroquois  chiefs  to 

Lngland,  199. 
Schuyler,  Philip,  in  the  New  York  as- 

scmbly,  iv.  109;  elected  by  congress 

major-general,  234;  in  command  in 

the  Noith,  237;  report  of,  as  to  the 

9n%.l^>"'^   S'""''!'''   243;    hesitates, 
^>fl,  292;  ordered  by  Washington  tJ 
advance,   293 ;    short  service  of,  in 
Canada,  294;   sends  help  to  Mont- 
gomery  294 ;  disarms  the  Highland- 
ers  at  Jolmstown,  311,  312;  disputes 
of,  with  Wooster,  370;  sends  troops 
0  Washington,  v.  84;  rivalry  with 
trates,   149;    m  congress,   150;    ap- 
pointed  to  command  at  Albany,  etc^ 
151;  at   iicondcroga,  157;   position 
ot  lack  of  ability,  etc.,  164;  further 
,      retreat,  bogs  for  help,   105;   super- 
I      «cded  by  Gates,  173;  spirit  of,  173  • 
I      J'ni'0'-t-i"t    steps  of,   in    New  York 
I       legislatui^e     (1782),    559;     proposes 
I      union    of    New    England    and  New 

i      .      !'  "'-.."^'^  ^'"'^'^'^  ^'"''^'i  States 
I      senator,  407. 

Scioto  river,  Ohio,  ii.  ,<?C.3. 
;  Scot,  George,  and  others,  emigrate  to 
New  Jersey,  i.  578,  579. 
Scotch-Irish  colony  in  South  Carolina,  i. 
I       431;    n.    200;    Scotch-Irish   Presby- 
terians  emigrate,  iii.  28,  29. 
Scotch  Presbyterians,  in  New  Jersey,  i. 
07". 

,  Scotland  insurrection  in,  indirect  effect 

I      upon  New  England,  i.  279 

Scott,  John  Slorin,  a  New  York  lawyer 

1".  03 ;  loses  his  election  to  the  as' 

scnbly  331 ;  proposed  for  congress, 

IV.  31,  .32;  moves  for  association  for 

_  separate  declaiation"  (1775)    SH- 
joins  with  John  Jay  in  patriotic  reso-' 
lutions,  429 ;  in  the  army,  with  Wash- 
ington,  on  Long  Island,  v.  36. 
Screven,  an  American  officer,  murdered 

V.  300.  ' 

Sears,  Isaac,  and  stamp  riots  in  New 

p^'t-'u"-  ^V^  ^^'^'^  «"«  «f  the  "Sons 
of  Liberty"  IV.  9;  removes  cannon, 

;^<R  '  'If  "'ol'-'l'es  Rivington's  printing- 
office,  317;  appointed  by  Charles  Lee 
assistant  adjutant-general,  384;  arbi- 
liary  powers  oi",  385. 


556 


INDEX. 


I     K 


^'WPi 


sliif. 


Seas,  freedom  of  the,  asserted  by  Fred- 
eric II.  of  Prussia,  ii.  312. 

Sedgwick,  Tiieodore,  in  the  Massachu- 
eetta  state  convention  on  the  federal 
constitution,  vi.  396. 

Seminoles,  Indians,  in  Floridn,  ii.  99. 

Senat,  Jesuit  missionary,  martyred,  ii. 
236. 

Senecas,  Indianis,  in  Virginia,  i.  457 ; 
ravages  of,  457,458;  conference  of, 
at  Albany,  New  York,  474;  one  of 
the  Five  Nations,  583 ;  in  Pontiac'a 
war,  iii.  49 ;  under  Butler,  massacre 
by,  at  Wyoming,  v.  279,  280 ;  expodi- 
tion  against,  under  Sullivan,  332,  333. 

Sergeant,  of  New  Jersey,  in  congress 
(1776),  iv.  337. 

Sessions,  Darius,  deputy  governor  of 
Rhode  Island,  iii.  434. 

Sevier,  Colonel  John,  v.  397,  S99. 

Sewall,  J.,  in  converse  with  John  Adams, 
iv.  24, 

Sewall,  Stephen,  chief  justice  of  Massa- 
chusetts, death  of,  ii.  531. 

Shaftesbury,  earl  of,  one  of  the  pro- 
prietaries' of  Carolina  (1663),  i.  408; 
character  of,  412-415 ;  employs  John 
Locke,  415,  416;  political  career  of, 
591-594 ;  the  fourth  earl  of,  in  the 
council  of  Georgia  (1732),  ii.  282. 

Shakespeare,  quoted,  i.  105. 

Sharp,  Granville,  iv.  186. 

Sharpe,  II.,  lieutenant-governor  of  Mary- 
land, ii.  412,  415;  on  parliamentary 
interference,  413 ;  urges  a  poll-tax, 
492. 

Shawnee  town,  council  at,  ii.  371-373. 

Shawnees,  Indians,  in  the  basin  of  the 
Cumberland  river,  ii.  92,  94 ;  on  the 
Ohio  river,  224;  prisoners  delivered 
up  by,  iii.  88 ;  fierce  and  bloody,  iv. 
85 ;  defeated  near  Point  Pleasant,  87 ; 
treaty  of  peace  with,  88 ;  treaty  with, 
vi.  277 ;  give  up  title  to  lands,  280, 
281. 

Sheffield,  on  American  commerce,  vi.  60, 
61. 

Shclburne,  carl  of,  head  of  board  of 
trade,  iii.  40 ;  course  of,  in  the  house 
of  lords,  1 94 ;  friendly  to  the  colo- 
nies, 231,  234,  236,  237;  colonial 
policy  of,  240 ;  opposed  by  the  king 
and  others,  242  ;  fair  and  just  toward 
the  colonies,  297 ;  dismissed  from  of- 
fice,  315;  opposes  the  Boston  port 
bill,  475  ;  supports  Chatham,  iv.  104 ; 
admires  Virginia  state  paper,  203 ; 
pleads  for  conciliation,  283,  284 ;  on 
the  affront  of  France  to  England,  v. 
260;  opposes  American  independ- 
ence, 288 ;  leader  of  party  in  parlia- 


ment, 582 ;  secretary  of  state  in  a  new 
ministry,  534 ;  communications  to  and 
from  Franklin,  534,  535  ;  at  the  licad 
of  the  ministry  (1782),  545;  princi- 
ples and  course  of,  646,  647;  letter 
of,  to  Oswald,  547,  649;  interview 
with  Rayneval,  565,  666 ;  desires  for 
England  peace,  friendship,  and  com- 
merce with  France,  568 ;  on  treaty  of 
peace  with  United  States,  573,674; 
moderation  of,  vi.  36;  defends  the 
treaty  in  parliament,  40, 41 ;  modifies 
the  navigation  act,  42 ;  takes  leave  of 
the  ministry,  42. 

Shelby,  Evan,  iv.  86,  87;  captain  of 
troops,  routs  the  Indians,  v.  314. 

Shelby,  Isaac,  iv.  87;  v.  314;  at  King's 
Mountain,  397,  399. 

Sherman,  Roger,  of  New  Haven,  Con- 
necticut, elected  representative,  iii. 
140  ;  views  of,  iv.  60  ;  denies  parlia- 
ment's right  to  tax,  293 ;  in  the  first 
American  congress,  64,  65 ;  on  the 
articles  of  confederation,  v.  14;  in 
the  fourth  congress,  vi,  113;  on  the 
evils  of  paper  money,  176 ;  in  the 
federal  convention,  215,  217,  220, 222, 
223,  231 ;  character  of,  240 ;  favors 
two  houses,  243,  244 ;  on  the  com- 
mittee's report,  257 ;  on  the  western 
states'  representation,  264 ;  on  laws 
made  by  the  general  government,  270, 
271 ;  on  the  militia,  treason,  etc.,  313, 
314,  320;  careful  for  the  smaller 
states,  334,  337  ;  on  the  power  of  the 
president  of  the  United  States,  342, 
344  ;  on  bankruptcies,  354 ;  letter  of, 
to  the  governor  of  Connecticut  on  the 
new  constitution,  393. 

Ship-building,  in  Massachusetts,  i.  280, 
281  ;  by  La  Salle,  on  Lake  Erie,  ii, 
163;  in  Boston,  264  (see  Stephens); 
in  Philadelphia  and  Boston,  vi,  48. 

Shirley,  William,  governor  of  Massa- 
chusetts, ii.  305,  334  ;  advises  coer- 
cion by  parliament,  337,  338,  342 ; 
plan  of  frontier  fortresses,  349 ;  goes 
to  England,  350 ;  course  of,  there, 
353  ;  advice  as  to  taxing  the  colonies, 
882,  383;  plans  of,  413,  417;  on 
Franklin,  415 ;  expedition  against 
western  New  York,  438 ;  fails  to 
reach  Niagara,  438 ;  opinion  of,  as  to 
independence,  439  ;  at  head  of  forces 
in  America,  443 ;  urges  "  a  general 
fund  "  in  the  colonies,  443,  444 ;  su- 
perseded, and  recalled  to  England, 
446,  447, 

Shutc,  governor  of  Massachusetts,  tries 
to  muzzle  the  press,  ii.  245  ;  fight  of, 
with  the  legislature,  246 ;  runs  away 


INDEX. 


:  state  in  a  new 
ications  to  and 
5  ;  at  the  liead 
),  545;  prlnci- 
t6,  647;  letter 
>49;  interview 
J6 ;  desires  for 
ship,  and  com- 
i ;  on  treaty  of 
ites,  573,  674 ; 

;  defends  the 
3, 41 ;  modifies 

takes  leave  of 

1 7 ;  captain  of 
tis,  V.  314. 
314;  at  King's 

r  Haven,  Con- 
csentative,  iii. 

denies  parlia- 
i3 ;  in  the  first 
4,  65 ;  on  the 
ion,  V.  14;  in 
i.  113;  on  the 
,  176 ;  in  the 
,  217,  220, 222, 
f,  240 ;  favors 
;  on  the  com- 
m  the  western 

264 ;  on  laws 
vernment,  270, 
ason,  etc.,  313, 
<r  the  smaller 
le  power  of  the 
id  States,  342, 
354;  letter  of, 
uccticut  on  the 

husetts,  i.  280, 
Lake  Erie,  ii. 
5ce  Stephens); 
iston,  vi.  48. 
lor  of  Massa- 
;  advises  coer- 
37,  338,  342; 
ses,  349 ;  goes 
urse  of,  there, 
ig  the  colonies, 
413,  417;  on 
Jition  against 
438;  fails  to 
iinion  of,  as  to 
head  of  forces 
;3  "  a  general 
443,  444 ;  Bu- 
1  to  England, 

ichusctts,  tries 
246  ;  fight  of, 
46 ;  runs  away 


567 


to  England  and  abuses  the  colony 
249,  260;  gets  a  pension,  261.  ' 

Sidney,  Algernon,  i.  66 U 
Silleri,  near  Quebec,  ii.  140. 
Sioux  or  Dakotas,  Indians,  west  of  the 

Mississippi,  ii.  94,  151. 
Six  Nations,  ii.  303,  833,  335,  337  (see 
Tuscaroras  and   Iroquois);    give  up 
title  to  western  lands,  vi.  283.     See 
Five  Nations. 
Skelton,  Samuel,  i.  220 ;  reordained  after 

the_ congregational  form,  228,  249. 
Skepticism  of  the  age,  results  (1776),  iv. 

373. 
Skinner,  Cortland,  of  New  Jersey,  raises 

troops  for  the  Briti.sh  army,  v.  142 
Slavery,   spread  of,   in  early  ti"meH,"i 
119,   120;  in  the  Middle  Ages,  120- 
censured  by  the  Church,  121 ;  prac- 
ticed by  Christians  and  Saracens,  121, 
122 ;  Louis  X.  and  French  jurists  op- 
pose, 122;   red  men  enslaved,   123, 
124;  slavery  in  Spain  and  Portugal^ 
123,    124;    conditional    servitude  in 
Virginia  and  New  England,  126, 126  • 
white  servants  in  Maryland,  ii.  23.     ' 
_    Negro  slavery,  originated  in  Africa, 
1.    122;    in  the   West    Indies,    124- 
views    adverse    to,    125;    in   United 
Colonies   of  New   England,   293;  in 
South  Carolina,  430  ;  in  Virginia,  444  • 
in    New  Nethcrland,    513;    in  New 
Jersey,  520;  William  Penn's  views 
and  practice,  572 ;  ii.  29 ;  slaves  in 
the  northern  provinces,  ii.  273 ;  nu- 
merous in  South  CaroHna  and  Vir- 
ginia, 273  ;   numbers  of,  brought  to 
America,  274 ;  life  and  work  of,  at 
North  and  South,  274,  275 ;  merchan- 
dise only,  279 ;  forced  on  the  colonics 
by  England,  279,  280;  none  to  be  in 
Georgia,    287;    Oglethorpe    opposes 
introduction    of,     292;    slavery    in 
Georgia,  299;   denounced  by   Wool- 
man,  398  ;  Jefferson's  bill  to  emanci- 
pate the  negroes,  iii.  410;    Patrick 
Henry  on,  412;  Franklin's  views  on, 
412;  George  Mason's  address  to  the 
legislature    of    Virginia    respecting, 
413,414;  denounced  by  Virginia,  iv.' 
34 ;  denounced  in  Georgia,  107 ;   re- 
solve against,  by  Georgia,  244 ;  slaves 
as  property,  v.  12  ;  forbidden  by  Ver- 
mont, 162 ;  proposal  to  enlist  in  the 
army,    South    Carolina,    369,    370; 
largo  number  of,  carried  off  by  the 
British,  371  ;  sold  in  the  West  Indies, 
374,  375 ;  divides  the  southern  from 
the  northern  states,  406 ;  semi-tropi- 
cal  states  stronghold  of,  409 ;  in  vari- 
ous Slates,  411,  412;  course  pursued 


respecting,  in  Pennsylvania,  412-  in 
Massachusetts,  412-416;  how  dis- 
posed of  in  Massachusetts,  418- 
clause  in  the  convention  of  Paris  as 
to   "negroes    and    other  property" 

(1783),  VI.  79;  Jefferson's  ordinance 
against  slavery  in  the  north-west  ter- 
"'"•■y.   113,   117;   how  it  was  lost, 
117,  118;  hindrance  to  union,  166- 
abolition  of,  in  the  North,  260 ;  two 
classes  of  slave  states,  261  ;  strife  on 
representation  for  slaves,  264  ;  slaves 
counted  as  three  fifths,  266  ;  slave 
representation,    299;    fugitive  -  slave 
law,  309,  310;  doom  of  slave-hold- 
mg,  321 ;  limits  on  taxation,  326. 
Slave-trade,  and  sale  of  negroes  in  New 
Nethcrland,  i.  513;  pretence  for  this 
traffic,  612;  fostered  by  the  English 
government,    ii.    77;    assiento   with 


Spain,  209,  280;  England  and  the 
slave-trade,  271 ;  slave  coast  in  Af- 
rica,  271;  horrors  of  the  passage, 
^72;  colonies  opposed  to,  in  the  ab- 
stract, 270 ;  carried  on  hugely  bv  tho 
Englisih,  277;  opinions  against,"  277 
278;  dominated  legislation,  278,' 279- 
opened  to  all  Englishmen,  355,  356  •' 
\  irginia  opposes,  549  ;  South  Caro- 
lina wishes  to  restrain,  550  ;  in  New 
England's  hands,    602;   opposed  by 

409,  410;  George  IH.  orders  its  con- 
tinuance,  410;  address  of  Virginia  to 
the  king,  411;  denounced  by  Virginia, 
IV.  34;  to  be  abolished,  resolve  of 
congress  (1774),  74  ;  Dunmore's  veto 
in  favor  of  (1775),202 ;  resolve  against, 
by  Georgia,  244 ;  condemned  by  con- 
gress,  338;  branded  as  piracy,  446- 
forbidden  by  Virginia  (1779),  v.  329 1 
the  king  of  England  and  parliament 
protect  the  trade,  405 ;  states  refuse 
to  give  it  up,  408 ;  John  Jav's  appeal 
respecting,  vi.  46 ;  movement  against, 
261 ;  discussed  in  the  federal  conven- 
tion, 316-320;  to  cease  in  1808,  320; 
discussed  in  Virginia  state  convention, 

4o  J , 
Sioughter,  Henry,  govemorof  New  York, 

ii.   36;    gets  Leisler   and    Milborne 

hanged,  37,  38. 
Smalhvood,  and  Maryland  troops,  v.  181. 
Smilio,  John,  in  the  Pennsylvania  state 

convention  (1787),  opposes  the  new 

federal  constitution,  vi.  386,  387. 
Smith,  Adam,  views  as  to  the  struggle 

between  England  and  the  colonies,  i v. 

289,  290.  ' 

Smith,  Captain  John,  i.  85 ;  in  Virginia, 


658 


INDEX. 


I'  « 


idm 


d'^ 


\m''' 


:   'ii 


92 ;  early  life,  92 ;  taken  prisoner  hv 
the  Indians,  93 ;  services  to  tlie  col- 
ony, 93,  94;  explores  Chesapeake 
bay,  94,  95;  ascends  the  Potomac, 
95 ;  enforces  industry  and  order,  96  ; 
returns  to  England,'  90 ;  spirit  and 
ability,  96,  97 ;  explores  coast  of  New 
Eng'and,  97 ;  taken  by  French  i)irates, 
escapes,  98 ;  admiral  of  New  England, 
98 ;  with  others  in  the  second  charter 
of  Virginia,  99. 
Smith,  Joshua  II.,  with  Major  Andr6,  v. 

431-433. 
Smith,  Melancthon,  in  congress,  opposes 
the  constitution,  vi.  373  ;  in  New  York 
state  convention  continues  a  moderate 
opposition,  456,  459,  460. 
Smith,  Samuel,  of  Maryland,   in  com- 
mand of  fort  on  Mud  Island,  v.  193  ; 
is  wounded  and  retires,  198. 
Smith,  Thomas,  governor  of  South  Caro- 
lina (1693),  ii.  10. 
Smith,  William,  historian  of  New  York, 
pleads   for  an  American   union  and 
parliament  (1756),  ii.  449;  one  of  a 
committee,  proposes  a  congress  (1774), 
iv.  12,  13  ;  hopes  for  union  under  the 
auspices  of  the  king,  51. 
Smith,  Lieutenant-Colonel,  in  command 
of  British  expedition  to  Concord,  iv. 
152;  retreat  of,  from  Concord,  162  ; 
chased  through   Lincoln,    1G2,   163; 
hasty  retreat  of,  105. 
Smyth,  chief  justice  of  Now  Jersey,  iii. 

434.  •" 

Smythe,  Sir  Thomas,  first  treasurer  of 
the  London  Company,  i.  87  ;  sends  to 
Virginia  code  of  laws,  103  ;  policy  of 
109;  resigns.  111. 
Sokokis,  Indians,  ii.  90. 
Somers,  Sir  George,  on  the  way  to  Vir- 
ginia, wrecked  on  the  rocks  of  Ber- 
mudas, iv.  100. 
Somers,  Lord  John,  leader  of  the  Whigs 
in  England,  ii.  4, 13  ;  opposes  restora- 
tion of  Massachusetts  charter,  55. 
"Sons  of  Liberty,"  Barro's  words,  iii. 
100,   112;  organize  in  the  colonies, 
198,    199;    spirit  of,   207;    propose 
general  congress  (1774),  iv.  9. 
Sothel,  Seth,  governor  in  North  Caro- 
lina, i.  426,  427  ;  mean  character  of, 
deposed,  427  ;  again  in  office,  ii.  9. 
Soto,  F.  de.    See  Do  Soto. 
South  Sea,  expedition  to  find  thew.ayto, 
sent  by  the  governor  of  Virginia,  i. 
452.  °       ' 

South  Sea  Company,  ii.  270  ;  assiento  as- 
signed to,  270,  271. 
South  Carolina.     See  Carolina,  South. 
Southampton,  earl  of,  defender  of  Vir- 


gima  liberties,  i.  114;  elected  treas- 
urer of  the  London  Comnanv    114 
115.  '     •"         ' 

Spaight,  R.  D.,  in  congress,  opposes  ex- 
clusion of  slavery  in  nortli-west  ter- 
ritory, vi.   117,  118;   in  the  federal 
convention,  216;  in  North  Carolina 
state  convention  on  the  federal  con- 
stitution, 461. 
Spain,  early  efforts  in  North  America,  i. 
22,  el  xeqq.  ;  in  Florida,  etc.,  22 ;   ex- 
plorations west  of  the  Mississippi,  29- 
34  ;  on  the  coast  of  the  Pucilic,  37  • 
in  the  Mississippi  valley,  by  De  Soto' 
etc.,  38-47;    on  the  Red  river,  48  •' 
holds  on  to  Florida,  56-58 ;  extent  of 
dominions  round  Gulf  of  Mexico,  59  • 
•  jealousy  toward  Virginia,  104;' sla- 
very in,  123,  124;  mercantile  system 
of,  ii.  88 ;  at  war  with  England,  295 
290;    affairs   of,    541;    treaty   with 
France  against  England,  542  ;  at  peace 
with  England,  562,  563 ;  sides  against 
English  colonies  in  America,  iii.  337 ; 
resolves  to  recover  New  Orleans,  SSSJ 
340 ;   contrast  of,  with  England,  34o| 
841. 

King    of,   head    of    the  Bourbon 
family,  iv.  38 ;  the  king  joins  Louis 
XVL  in  furnishing  money  to  help  the 
Americans,    371;    opposed  to  open 
^      hostilities    against  England,   v.   21- 
j      condition  of  (1777),  137;    leans   to 
France  against  England,  138;  gives 
j      money,  through  France,  to  help  the 
j      United  States  in  their  struggle,  138, 
139;    course  of  action  of,  245;  the 
I      king's  desire  and  policy,  200;  ill  dis- 
I      posed  toward  United  States,  292 ;  rc- 
I      fuses    to    acknowledge    the    United 
i      States,  307  ;  war  treaty  with  France, 
I      308 ;  declares  war  on  England,  338 ; 
I      joins  with  France,  to  invade  England, 
I      340 ;  disaffection  in  colonies  of,  462 ; 
j      feebleness  and  fears  of,  536 ;   proba- 
ble design  of,  663;    feeling  of,   to- 
ward the  United  States,    and  their 
prospective  growth  and  power,  vi.  57 ; 
sends  an  agent  to  congress  about  com- 
mercial relations,  153. 
Spencer,  Joseph,  general  of  Connecticut 
troops  at  Roxbury  (1775),  iv.  213; 
elected  by  congress  brigadier-general, 
235  ;  too  old  for  much  activity,  235 ; 
with  Washington  in  New  York,  v.  4 1 ; 
at  Hart's  Corner,  near  White  Plains, 
New  York,  73. 
Spencer,  Oliver,  and  New  Jersey  militia, 
attack  body  of  Wakleckers  at  Spring- 
field, and  drive  them,  v.  108. 
Spencer,  Samuel,  in  North  Carolina  state 


J,    i' 


INDEX. 


659 


convention,  opposes  the  federal  con- 
Btitution,  vi.  4(51. 
S{)ciicor,  Thomas,  heroic  death  of,  in  the 
light  under  Herkimer,  in  the  Mohawlj 
^  valley.  New  York,  v.  169. 
Spotswood,  governor  of  Virginia,  ii.  16, 
20 ;  divides  the  Tiiscaroras,  204,  205  • 
effort  to  extend  Virginia  line  of  set- 
t  cment  against  the  French,  225 ;  on 
the  small  number  of  slaves  broucht 
into  Virginia,  279. 
Stair,  earl  of,  proposed  as  viceroy  of 

America  (1721),  ii.  249. 
Stamp-tax,  proposed,  ii.  204,  853,  374  • 
rejected  by  Pitt,  458 ;  why  preferred 
to  other  modes  of  raising  revenue  in 
America,   iii.    5(5,    67;    adopted    by 
(irenville,  58  ;  opposition  to,  70,  71  • 
act  establishing,  debated  and  passed 
m  both  houses,  97-104;  small  duties 
at  hrst,  with  bounties,  105;   stamp 
olhcers  to  be  Americans,  105,  10(5- 
how  the  tax   to  bo  collected,  109- 
colonies  resolve  to  resist,  119-  dis- 
tributors  resign,   138,  139;    stamps 
arrive,    excitement   produced,    155; 
stamp  masters  resign,  1C9 ;  course  of 
the  people  on  (November  1,  1765) 
139;  course  of  the  press,  159,  160 1 
stamps  everywhere  refused,  10 1-164  ■ 
hopes  in  England  that  the  act  will 
execute  itself,  107;  null  and  void,  ac- 
cording  to  John  Adams,  171 ;  repeal 
of,  moved  in  parliament,  204,  205' 
debate  on,  210;   repeal  of,  carried,' 
211;   the  king  called  it  "fatal   re- 
peal,"  212;    rejoicings    in  London, 
|J12 ;  the  stamps  carried  back  to  Eng- 
land, 213;  joy  in  the  colonies,  213, 
214  ;  reaction  against  the  stamp-act. 
216,  216. 
Standish,  Captain  Miles,  i.  209 ;  exploits 

of,  212. 
Stanhope,  earl  of,  wishes  parliamentary 
reform,  iii.  384, 385 ;  with  other  pcer.i 
protests  against  the  "  temerity "  of 
the  ministry  (1774),  iv.  92. 
Stanley,  Hans,  sent  to  Paris,  ii.  538,  539, 
541 ;    in  parliament,  speech  against 
the  colonies,  iii.  322,  323. 
Stanwix,  General,  ii.  491. 
Stark,  John,  ii.  370, 435 ;  at  Lake  George, 
459;    captain,  486;    chosen  colonel 
of   regiment,   iv.    109;    post  of,   at 
Chelsea,  109,  170;  at  Battle  of  Bun- 
ker  Hill,  221 ;  fought  on  the  flank 
220,  225,  228 ;  protests  against  aban- 
doniBg   Crown   Point,  v.    15;    with 
Washington,   96;    at    Trenton,    98; 
pledj/es   his  fortune,    103;   unfairly 
used  by  congress,  retires,  148;  with 


the  ^ew  Hampshire  troops  defeats 
liaum  at  Bennington,  Vermont,  171. 
/  2 ;  on  the  Hudson,  at  Fort  Edward 
190;  named  to  accompany  Lafayette 
to  Canada,  215. 
State  citizenship,  defined  (June.  1770) 
iv.  425.  ^        '  '• 

State  rights,  force  of,  v.  10;  state  pow- 

ers  and  prerogatives,  297,  298. 
Staten  Island,  New  York,  bought  by  M 

Tauw,  i.  498.  ' 

States,  Constitutions  of  the  American 

See  Constitutions. 
Stedingk,  Baron  de,  v.  873,  374. 
Stephen,  A.,  at  battle  of  the  Brandy. 
;','"^.  V-  177,  178;  at  Germantown, 
193,  194. 

Stephens,  William,  ship-builder  in  Mas- 
sachusetts,  i.  281, 

Stephenson,  Marmadukc,  a  Quaker 
hanged  in  Boston,  i.  814.  ' 

Steuben,  Baron,  inspector-general,  ex- 
cellent service  of,  v.  22U ;  at  Valley 
iorge,  220;  sent  to  aid  General 
Greene,  495  ;  joins  Lafayette,  606. 

Stevens,  with  Virginia  troops,  at  Cam- 
den,  South  Carolina,  v.  380,  387' 
troops  run  away,  388.  ' 

Stirling,   William  Alexander,  carl    of 
colonel  of  battalion  of  East  New  Jer! 
sey,  iv.  261 ;  ordered  to  garrison  for- 
tresses  on  the  Hudson  river,  311  ■  in 
fight  with  the  British,  v.  30 ;  brave 
stand  of,  31,  32;  made  prisoner,  32, 
33  ;  in  New  .Jersey,  84,  85  ;  at  Tren- 
ton,  99;    Washington's   request   to, 
102  ;  at  Matouchin,  New  Jersey,  164  • 
at  battle  of  the   Brandywine,   177* 
178  ;  at  Germantown,  193 ;  at  Mon' 
mouth,  274-277. 
Stockbridge  Indians,  iv.  240. 
Stone,  Thomas,  of  Maryland,  in  congress. 
VI.  114.  o       , 

Stone,  William,  appointed  governor  of 
Maryland,  i.  108;  action  against,  171 ; 
restored,  171;  gives  up,  173;  arms 
again  and  is  defeated,  173,  174. 
Stony  Point,  New  York,  abandoned  by 
the  Americans,  v.  329 ;  retaken  under 
Wayne,  331 ;  works  at,  razed,  331. 
Stomiont,  Lord,  ambassador  to  France 
and  Vergenncs,  iv.  283 ;  demands  of, 
as  to  prizes,  v.  127  ;  on  Pulaski,  133 ; 
bitter    against    American    "  rebels " 
139;  minister  to  Holland,  367;  course 
of,  as  minister,  862,  364,  306. 
Stoughton,  William,  i.  390 ;    character 
of,   ii.  57,  58;  deputy  governor  of 
Massachusetts,  68;  chief  judge,  01, 
03,  06 ;  never  repented  of  his  sbaro 
in  the  witchcraft  murders,  66. 


660 


INDEX. 


:hi;  !' 


Strachcy,  Ilcnry,  joins  Oswald  at  Pfiris, 
V.  673,  674 ;  course  of,  with  Oswald 
and  Fltzhorliert,  578,  679 ;  treaty  of 
peace  signed  by,  580. 
Strafford,  earl  of,  death  of,  1,  327. 
Strong,  Caleb,  in  the  federal  conve.ition, 
vi.  268  ;  able  member  of  the  conven- 
tion, 268,  269 ;  on  the  electoral  col- 
le;^e,  829 ;  in  the  Massaclnisetts  state 
convention  on  the  federal  constitution, 
898. 
Stuart,  John,  negotiates  boundary  with 
the  Cherokees,  iii.  320,  321 ;  ordered 
by  General  Gage  to  spare  no  expense 
in  rousing  the  savages  against  South 
Carolina,  iv.  256,  267. 
Stuarts,  the,  in  England,  fall  and  resto- 
ration of,  i.  S25-344  ;  fortunes  of,  ii. 
3  ;  their  work  in  America,  3. 
Stuyvesant,    Peter,    governor  of    New 
Netherland,  i.  507 ;  subdues  New  Swe- 
den, 609,  610 ;  administration  of,  510, 
611;  goes  to  Boston,  51 G;  forced  to 
surrender,  519. 
Sucingerachton,  king  of  the  Senecas,  v. 

279. 
Suffolk,  Lord,  secretary  of  state,  iii.  397 ; 
urges  coercion  and  forcible  measures, 
iv.  104  ;  tries  to  get  Russian  troops  to 
serve  in  America,  276,  277 ;  instruc- 
tions to  Faucitt  in  Brunswick,  350 ; 
approves  employing  the  savages,  de- 
nounced by  Lord  Chatham  (1777),  v. 
159. 
Suffrage,  univetsal  in  Virginia  first,  i. 
151 ;   qualifications  of  the  voters  in 
the  several  states,  v,  114,  115;  elec- 
tion for  office,  119;  qualifications  of 
electors  under  the  federal  constitution, 
vi.  297. 
Sullivan,  John,  elected  brigadier-general, 
iv.  235 ;  in  Canada,  mishaps  of,  380 ; 
retreats  before  the  British  army,  381 ; 
reaches  Crown  Point,  381 ;  on  Long 
Island,  New  York,  v.  80,  31 ;  a  pris- 
oner, 32 ;  exchanged,  used  as  a  go-be- 
tween by  Howe  and  congress,  39,  40 ; 
at  Trenton,   97,    98;     retires    from 
Princeton  to  the  Delaware,  153;  ex- 
pedition of,  to  Staten  Island,  17() ; 
blundering  of,  at  the  Brandy  wine,  177; 
at  Germantown,  193,  194  ;   on  Con- 
way's merits,  211;  in  Rhode  Island, 
not  overwise,  285 ;   censures  d'Esta- 
ing,  takes  it  back,  286 ;  in  command 
of  the  expedition  against  the  Senecas, 
382,  333;    returns   to   New   Jersey, 
833. 
Sullivan'a     Island,    Charleston,    South 
Carolina,  fort  erected  on,  iv.  394,  398. 
Sulpicians,  at  Montreal,  il  140. 


Sumner,  General,   at  battle  of  Eutaw 
Springs,  South  Carolina,  v,  503. 

Sumter,  Thomas,  Colonel,  v.  382,  863  • 
successful  attack  of,  on  British  post' 
383;  with  a  detached  force,  386 1 
caught  napping  by  Tarlcton,  889,  390  ■ 
routs  Tarleton,  402  ;  a  plague  to  the 
British,  394 ;  hunjanity  of,  to  the  en- 
emy, 402, 478 ;  in  South  Carolina  with 
General  Greene,  498;  excellent  scr- 
vice  of,  500,  501. 

Superior,  Lake,  ii.  142 ;  Jesuit  missions 
on,  150. 

Susquchannahs,  Indians,  war  with,  i,  467. 

Sweden,  aspect  of,  toward  the  United 
States,  V.  227;  agrees  to  the  league 
of  neutral  nations,  346 ;  asked  to  join 
Russia  in  declaration  of  rights,  356  • 
treaty  of,with  the  United  States  (1 783)' 
vi.  54. 

Swedes,  in  America.     See  New  Sweden. 

Swift,  Dean,  said  to  wish  to  be  a  bishop 
in  Virginia  (1703),  ii.  19 

Swiss  emigrants,  settle  New  Berne 
North  Carolina,  ii.  16;  colonists,  on 
the  Savannah  river,  280. 

Switzerland,  aspect  of,  toward  the 
United  States,  v.  228. 


T. 


Talbot,  Silas,  and  the  fire-ship,  v.  46. 

Tallmage,  Major,  brave  course  ol,  v 
434. 

Talon,  intendant  of  France  at  Quebec, 
ii.  153 ;  design  of,  to  open  the  way  to 
the  western  ocean,  154;  gets  JoUiet 
employed  for  the  purpose,  155,  156. 

Tarleton,  and  his  cavalry,  attack  Buford, 
and  massacre  Americans,  v.  378 ;  in 
pursuit  of  Marion,  402;  routed  by 
Sumter,  402, 403 ;  ordered  to  go  after 
Morgan,  480,481 ;  routed  at  the  Cow- 
pens,  481-485;  on  raiding  expedi- 
tions, 510-512. 

Taxation  without  representation, debated 
in  parliament,  iii.  97-101  :  opinions 
of  the  people,  115;  virtual  represen- 
tation, 119;  great  speech  and  argu- 
ment of  Pitt,  176-184,  186;  the  peo- 
pie  of  America  will  never  submit  in 
any  case  whatever  (Franklin),  202, 
203 ;  parliament  affirms  the  right  to 
bind  America  in  all  cases,  208 ;  views 
of  Lord  Camden  agreeing  with  Pitt, 
188,  209 ;  view  of  Lord  Mansfield  ad- 
verse to  Camden's,  190-194,  209, 210. 
Tea,  the  cabinet  retains  duty  on  (1769), 
iii.  346;  the  colonies  resolve  not  to 
import,  347,  348 ;  preamble  to  the  act 


J.    i 


INDEX. 


561 


iuit  missions 


toward    tbc 


62  ;  elected  a  burgess  of  Philadeiphia. 
10.  '^      ' 

Thomson,  William,  at  Fort  Moultrie  iv 
403  ;  vigilant,  405.  ' 

Thome,  Robert,  and  Eliot,  visit  New- 
foundland  (1502),  i.  60 ;  proposes  to 
search  for  north-east  passage,  60. 

Thurlow,  Bolicitor-general,  character  of, 
iii.   384 ;   opinion  of,  as  to  colonial'  I 
rights,  482 ;  opinions  of  (1774),  iv.  I 
20 ;  calls  the  Massachusetts  congress  ' 


and  the  duty  on  tea  retained  by  Lord  ■ 
North,  381,  387.     See  East  India  Tea 
Company.  ( 

Telfair,  Edward,  with  Jones  and  Rabcr-  ' 
sham,  seizes  powder  (1776),  iv.  181.     i 

Temple,  John,  one  of  commissioners  of  | 
customs,  iii.  290;  accuses  Hutchinson  ' 
and  others  in  America,  and  is  accused 
m  turn,  424 ;  accused  of  stealing  let-  ■ 
ters,  is  exculpated  by  Franklin,  469, 

Temple  (Richard  Gronvillo),  brother-in- 
law  of  Pitt,  ii.  636,  543 ;  dispute  of, 
with  Pitt,  iii.  128 ;  speech  of,  in  house 
of  lords,  188 ;  on  repeal  of  the  stamp- 
act,  210,  211;  refuses  Pitt's  offer 
224,  ' 

Tenbroeck,  Abraham,  in  the  New  York 

assembly,  iv.  109. 
Tennessee,  origin  of,  iii.  392,  et  seqq. ; 
emigration  to,  across  the  Alleghanies 
402, 403 ;  republic  of  Watauga  found- 
ed in,  403;  cast  Tennessee  attacked 
by  the  Indians,  v.  62-64 ;  east  Ten- 
nessee  named  Washington,  64. 
fernay,  de.  Admiral,  brings  French  ships 

to  Rhode  Island  (1780),  v.  426. 
Texas,  La  Salle  occupies  (1685),  ii.  172 
Thacher,  Oxenbridge,  ii.  532  ;  on  "writs 
of  assistance,  647 ;  on  colonial  ri-rhts    I 
111.  82,  83 ;  on  the  effect  of  the  stamp!  I 
act,  109;   on  the  noble  patriots  of 
Virginia,  113  ;  death  of,  115,  147. 
Thayendanegea.     See  Brant,  Joseph, 
Thayer,  Colonel  E.,  of  Braintree,  Massa-  I 
chusetts,   iv.  52  ;   in  the  expedition  I 
against  Quebec,  298.  ' 

Thayer,  Major  S.,  at  the  fort  on  5Iud 
Island,  V.  198  ;  brave  defence  of  fort 
by,  198,  199, 
"  Thirteen  United  Colonies,"  iv.  244. 
Thomas,  John,  and  troops  at  Cambridge, 
iv.  173 ;  elected  by  congress  brigadier- 
general,  235  ;  on  Dorchester  Heights 
326;  goes  to  Canada,  377;  dies  of 
small-pox,  380. 
Thompson,  Colonel  William,  and  Penn- 
sylvania riflemen,  iv.  248. 
Thomson,  Charles  (1774),  in  Philadel- 
phia,  iv.   11;   secretary  of  congress. 


trcasonahle,  160;  prosecutes  Home 
iooke(1775),  187;  supports  the  slave- 
trade,  v.  405  ;  loader  of  the  new  torv 
party  (1782),  532.  ' 

Ticonderoga,  Fort,  Lake  Champlain,  lar-'o 
force  against,  ii.  487  ;  attack  repulsed 
by  Montcalm,  490  ;  abandoned  by  the 
French,  502 ;  taken  by  Ethan  Allen 
by  surprise  (1775),  iv.  182,  183  ;  gar- 
risoned, 194  ;  cannon  taken  from,  to 
the  siege  of  Boston,  326  ;  St.  Clair  in 
commend  at,  v.  157 ;  taken  by  the 
enemy,  161;   loss  of,  deplored,  105, 

Tilghman,  on  Washington's  staff,  in  the 
skirmish  at  Manhattanville,  New  York 
V.  47.  ' 

Tobacco,  use  of,  learned  by  the  EnHish 
I.  75;  price  of,   113;   tax  on,   llfi| 
133;  monopoly  in,  granted  to  Vir- 
gmia,  135  ;  debts  paid  in,  139;  used 
I      as  coin,  150 ;  a  staple  in  Maryland,  ii 
22  ;  legal  currency  in  Virginia,  iii.  65  • 
British  raid  upon  plantations  of,  in 
V  irginia,  v.  327,  328, 
Tonti,  II.  de,  with  La  Salle,  ii.  162,  163 
167 ;  ever  faithful,  174  ;  descends  the 
Mississippi  again,  186,  188. 
Tooke,  Home,  and  the  "  Public  Adver- 
tiser,"  iv,  187 ;  fined  and  imprisoned, 
187. 
Tories,  in  America.     Sec  Loyalists. 
Tories,  in  England,  sneer  at  notion  of  a 
general  congress  in  America,  iii.  113- 
the  modern  tory  party,  King  George 
III.  at  the  head,  with  Burke  and  Rock- 
ingham founders,  198  ;  creed  of,  196 
197;  rules  the  cabinet,  367 ;  Thurlow 
leader  of  the  new  tory  party,  v.  532 
Townshend,   Charles,  in  the  board  of 
trade,   ii.    S50 ;   advice   of,   374;   in 
parliament,    409 ;    plan    of,    as    to 
New    England,    412  ;    retires    from 
office,   442;   secretary  of  war,   536, 
556;   secretary  of  plantations,   etc., 
560  ;  first  lord  of  trade,  564  ;  in  the 
cabinet  (1763),  iii.  30,  31 ;  policy  to- 
ward the  colonies,  31,  32;  taxation 
of  America  proposed,   33,   34;    re- 
signs,  35  ;  advocates  large  army  and 
navy  for  America,  95,  96  ;  threatens 
coercion,  218;  wars  against  the  char- 
ters, 218,  219  ;  usurps  the  lead  in  the 
commons,  236,  237;   browbeats   the 
cabinet,  238,  239;  Americans  are  to 
be  in  subjection,  243  ;  dismissed,  but 
stays,  244;  character  of,  245;  rules 
in  the  ministry,  ;i45,  246;  unfit  to 
conciliate,  250 ;  speech  of,  250,  251 ; 
carries  his  measures,  256 ;  course  of 
la  the  cabinet,  200  ;  death  of,  262,    ' 


( 


i<   I 


>62 


INDEX. 


nflfii,  :|ii 


liiifffil''. 


Townslicnd,  Gcorgo,  "unlvcr.-inllv  able," 
elder  brother  of  Charles,  li.  409, 410  ; 
commands  brigade  under  Wolfe,  503  ; 
his  report  of  the  taking  of  Quebee 
impudent,  61.'};  returns  to  England, 
inindcal  to  the  colonies,  513;  colo- 
nial system  of,  iv.  2()(J-2C8. 
Townshcnil,  Thomas,  in  charge  of  the 
home  de{)artment,  v.  510 ;  letter  to 
Oswald  (1782),  603,  504  ;  instructions 
to  the  commissioners,  570,  677. 
Trade  and  taxes,  American,  new  eombi- 
nations    of,    proposed    bv    Grenviile 
(1704),  iii.  73,  74. 
Transylvania,  Kentucky,  iv.  105;  joins 
with  the  colonies  to  secure  rights  and 
liberties,  414. 
Treat,  Uol)ert,  governor  of  Connecticut, 
i.  688 ;  resumed  position  as  governor 
(1089),  ii.  47. 
Trecothick,  interview  with  Townshond, 
iii.  260;    friendly  to   America,  320, 
844  ;  proposes  repeal  of  duty  on  tea, 
385 ;  advice  as  to  tho  duty  on  tea, 
43'J. 
Trenchard,  counsels  moderation  by  the 

home  govertmient,  ii.  249. 
Trenton,  New  Jersey,  declaration  of  in- 
dependence received  in,  v.  3,  4;  vic- 
tory of  Washington  at,  98,  99;  spe- 
cial  honors   to  Washington   by,   vi. 
470. 
Trevor,  solicitor-general,  il.  22. 
Trumbull,   Jonatiuin,  deputy   governor 
of  Connecticut,  iii.    255,  250,    204; 
governor,   summons   the   legislature, 
iv.  170;  generous  promise  to  Wash- 
ington,  239 ;  sends  aid  to  the  com- 
mander-in-chief, V.  25,  26 ;  good  cour- 
age of,  84 ;  recognizes  tho  hand  of 
Providence,    287;    cheers    Washing- 
ton, 509  ;  urges  the  federal  constitu- 
tion and  power  on  tho  people  (1783, 
1784),  vi.  90,  91. 
Trumbull,  Colonel  Joseph,  son  of  Jona- 
than, commissary-general  of  the  Amer- 
ican army,  v.  86. 
Trvon,    William,    governor    of    North 
Carolina    (1700),   iii.  233,   303-r)n5; 
iniquitous    riot    act    of,    395,    390; 
marches  against  the  regulators,  400 ; 
infamous  conduct  of,  401,  402  ;  gov- 
ernor of  Now  York,  396,  402  ;  urges 
on  the  ministry  to  use  great  force,  iv. 
27;   enters  New  York,  236;    Mont- 
gomery advises   to  send  him  awav, 
293 ;    foments  a  secret  and  deadly 
plot  against  Washington,  430,  431 ; 
expedition  of,  against  Danbury,  Con- 
necticut, V.   151,   152;   favors  using 
the  savages,  etc.,  327;  pillaging  cx- 


B edition  into  Connecticut,  burns  Now 
[avcn,  etc.,  329,  830. 
Tryon    cotmty.    New   York,    begs    aid 
against  the  en  ;my,  v.  16:.,  100 ;  bravo 
efforts  In,  167 ;   fight  in  tho  woods 
^  and  victory,  168,  109.  ' 

Tucker,  Josiah,  advises  to  make  America 
free  and  independent  (1774),  iii.  472 
473;  iv.  290;  favors  independence 
of  the  United  States,  v.  22;  on  the 
future  growth  and  power  of  tho  re- 
public, vi.  50. 
Tucker,  Samuel,  v.  83 ;  in  tho  first  con- 
gress (1789),  vi.  408,409. 
Tupper,   Major  li.,  in    tho  West,  vi 

283. 
Turgot,  prior  of  the  Sorbonne,  ii.  357 ; 
minister  of  finance  under  Louis  XVI. 
I      iv.  41;  plans  reforms,  42,  43;  op' 
[      posed    to   war   with  England,   304; 
al)le  reply  of,  to  paper  of  Vcrgtnnes, 
!!(i0-309;    is  feared  and   dismissed, 
370;  on  Hurgoyne's  surrender,  v.  244. 
Turner,  William,  gallantly  attacks  and 
routs  the  Indians  on  tho  Connecticut 
river,  i.  893. 
Tuscany,  grand  duke  of,  refuses  to  Imvo 
anything  to  do  with  the  United  States. 
V.  292. 
Tuscaroras,  Indians,  ravages  of,  in  Caro- 
lina, ii.  203,  204 ;  joined  to  the  Iro- 
quois, making  the  Six  Nations,  303. 
"  Twelve  United  Colonies,"  the,  iv.  204, 
237;  Georgia  joins,  and  henceforth 
there  are  Tiiirteen  United  Colonies. 
244.  ' 

"  Two-penny  Act,"  in  Virginia,  iii.  65. 
Tyler,  John,  in  the  Virginia  state  con- 
vention,  supports  the  federal  consti- 
tution, vi.  432-435. 
Tyler,  in  Boston,  remarks  of,  to  Hutch- 
inson (1770),  iii.  S77,  878. 


U. 


Uchces,  southern  Indians,  ii  96;  join 
other  tribes  in  a  massacre,  214. 

Ulloa,  A.  De,  Spanish  governor  of  Louis- 
^  iana,  iii.  316-318. 

Uncas,  sachem  of  the  Jlohcgans,  i.  266 ; 
puts  Miantonomoh  to  death,  295. 

Underbill,  John,  in  the  expedition  against 
the  Poquods,  i,  266;  conducts  war 
against  the  Indians  in  New  Nethcr- 
^  land,  506. 

United  Colonies  of  America,  early  meas- 
ures toward  union  (1648),  i.  29*1 -293; 
vi.  7;  concert  of  action  (1684),  vi.  7; 
attempt  at  consolidation,  7,  8 ;  Will- 
iam Penn's  plan  of  union  (1697),  ii. 


INDEX. 


£63 


he  first  con- 


74,  73 ;  vi.  8 ;  Franklin's  [.Inn  (1784), 
,il.  380;  vi.  8;  rx)r(l  Ilulifax'rt  itlan 
(1754),  ii.  411;  vi.  8,  9;  lim  Ai.icii- 
can  congrcHH  (17<1«)  to  this  end,  iii. 
113;  vi.  9;  first  contincntul  consrcsa 
(1774),  iv.  «il ;  vi.  10;  the  eonfederu- 
tion  (1776)  imperfect,  vi.  10;  tiio 
convention  at  UoHton  (1780),  H- 
nu-asurcH  of  New  York  (1780),  II,' 
12;  Ilaniilton'H  elfort  in  tiiin  line,  I'J  | 
Tiionias  Paine's  idea,  12;  Now  York 
and  New  England  convention  at  Hart- 
ford (1780),  i;j;  action  in  conj^rcwa, 

18,  14;  the  confederation  adopted, 
14;  Waniiingtou'a  views,  ll-lis- 
strong  lettiT  of,  etc.,  16-19;  Madi- 
son's able  report  on  the  subject  (1781), 

19,  20 ;  Harton'a  views,  20 ;  report  of 
grand  comniitteo  of  congress,  21; 
Hamilton's  appeal  through  the  press,' 
21 ;  report  of  the  committee  of  thrce| 
22;  coercion  impo.ssible,  23;  a  new 
constitution  the  remedy,  23.  yce 
United  States  of  America. 

Unitkd  States  op  America,  a  new  na- 
tion  in   the   world,  v.  3,  8 ;    gloon)v 
outlook   (1770),  7;   impossibility  of 
England's  conquering,  22,  23 ;  aid  re- 
ceived  from   France,   130;    want  of 
general  government  felt  in,  190;  citi- 
zenship in,  200 ;  disposition  of  Euro- 
pean states  toward  (1775-1781),  220- 
Austria,  Italy,  Turkey,  220;  Kussia| 
Sweden,   Denmark,  227,   228;    Swit- 
zerland, Netherlands,  228 ;  (iermany, 
230;  treaty  of,  with  S|)ain  and  France, 
244,246;  money  promised  to,  245; 
provisions  of  the  treaty,  240 ;  finally 
announced  by  Louis  XVl.,  248,  249 ; 
name  of,  not  in  f,avor,  297,  298 ;  quesl 
tion  as  to  boundaries  of  (1779),  322, 
325 ;  treaty  with  Spain  proposed,  32')  • 
views  of  Russia,  342,  343  ;  the  Neth- 
erlands refuse  to  treat,  345  ;  the  prin- 
ciples of  armed  neutrality  approved 
by,  368 ;  first  steps  toward  a  national 
bank,  445 ;  bank  chartered,  550,  557 ; 
deplorable  condition  of  the  treasury, 
501;    importune  for  a  French  loan 
through  Franklin,  572 ;  the  prospect 
beforo  the  nation,  580,  C81. 

At  peace  with  England,  vi.  30 ;  ces- 
sation of  hostilities,  37 ;  shipping  of, 
excluded  from  the  West  Indies,  48 ; 
a  national  spirit  roused,  40 ;  news  ot 
peace  received,  68;  debt  and  re- 
sources of,  79;  opportunity  and  duty 
of,  as  urged  by  Washington,  83-80 ; 
universal  love  of  union  in,  89 ;  inter- 
citizenship,  90;  voted  by  congress  to 
bo  "  one  nation,"  1 1 2,  1 1 3 ;  principles 


of  commcrdal  troatioa,  11,1;  cost  of 
the  war  for  independence,  lio-  com 
ndttee  of  states,  123;  land  laws  of 
OS  settled  upon  (1784-1 788),  i;t6;  ex- 
cessive importations,  injury  to  trade 
remedies  proposed,  137,  138;  Boulh' 
ern  states  object  to  the  navigation  act 
144  ;  efforts  of,  for  treaties  with  Eng! 
land  and  France,  148-152  ;  treaty  with 
Russia,  162,  153;  treaty  with  Moroc 
CO,  153;  obstacles  to  union  through 
religious  and  other  difTerences,  164, 
etc. ;   religious  freedom  in   the  new 
nation,  168;  anxiety  and  hope  from 
the  federal  convention,  202 ;  anxiety 
of  tiie  country  as  to  the  new  consti- 
tution,  270;  individuality  of  Ameri- 
cans  as  a  people,  442 ;  value  of  the 
mother  tongue,  442;    a  continental 
republic, 447  ;  a  federal  republic,  with 
complete  powers  of  government,  448 ; 
powers  of  the  states  by  right,  448  • 
who  are  "  the  people  "  of  the  United 
States?  449;    their  power,  450;  ne- 
cessity of  revolution  provided  against, 
450 ;  extending  influence  of  the  re- 
public, and  i.hilosophy  of  the  people, 
450,  451 ;    the  nation   enters  on  its 
career  under  happy  auspices,  474 

United  Provinces,  the,  v.  131.  Sec  IIoI- 
land. 

Uisuline  convent  at  Quebec,  ii.  140. 

Usher,  John,    lieutenant-governor    of 
^  New  Hampshire,  ii.  60. 

Utrecht,  peace  of,  and  results,  ii.  200- 

V. 

Vaca.     Sec  De  Yaca. 

Yalley  Forge,  Pennsylvania,  winter  at 
(1777,  1778),  v.  2O0,  etc.;  sufferings 
of  the  troops,  212-214  ;  alliance  with 
!>  ranee  celebrated  at,  209. 

Van  Herckel,  envoy  from  the  Dutch  re- 
public (1783),  vi.  104. 

Van  Rensselaer,  K.,  buys  domain  about 
Albany,  New  York,  i.  408. 

Van  Twiller,  governor  of  New  Nether- 
^  land,  i.  500,  501. 

Van  Wart,  Isaac,  one  of  Andre's  cap- 
tors,  V.  433,  434 ;  annuity  voted  to, 

^  by  congress,  438. 

Vane,  Sir  Henry,  in  Massachusetts,  i. 
258 ;  governor  of  .Massachusetts,  260 ; 
pleads  for  toleration,  201 ;  returns  to 
f:ngland,  262;  kindness  of,  toward 
Roger  Williams  and  Rhode  Island, 
298 ;  represents  the  princii)les  of  the 
independents,  331 ;  trial  of,  last  days, 
and  death,  S-iS-GuO. 


564 


INDEX. 


Hf 


ilhh 


V'audrcuil,  sticcccds  Du  Qiicsno  in  Can- 
ada, ii.  420;  KiviM  up  Qui'bcc,  61'2; 
aiirrondcM  Montreal  {17«0),  023. 

VauRhan,  Kobert,  on  Kent  Isiland,  Mnry- 
land,  1.  167;  obtuina,  for  tho  legisla- 
ture of  Maryland,  two  branchc-i,  IftO. 

Vuu^han,  William,  at  Louinburg,  ii.  ,S()7  ; 
Btoriiis  and  taken  Fort  Clinton  on  tlio 
Iludrfon,  burns*  Kingston,  etc.,  v.  180. 

Venango,  near  Fort  I'itt,  destroyed  by 
the  Indians  in  Pontiac'n  war,  iii.  10. 

Vergonne3,  Count  do,  opinion  of,  a.s  to 
cession  of  Canada  to  England  (1703), 
ii.  061,  060;  foreign  niini.stcr  under 
Louis  XVI.,  iv.  40;  character  of,  4ti, 
41  ;  views  of,  97,  98;  views  sent  to, 
by  (Jarnicr,  in  London,  lo»  ;  forecast- 
ingsof,  I'JO;  admires  Virginia's  state 
paper,  203  ;  on  the  battle  of  Bunker 
Hill,  260;  on  King  George's  procla- 
mation (1775),  271 ;   views  of,  as  to 
English  affairs,  280  ;  on  the  course  of 
the   Englisli   government,   283,  281; 
prescnliuicnts  of,  30'J,  380 ;  in  favor 
of  aiding  the  Americans,  3()3  ;  "con- 
Bidcations,"  laid  before  Louis  XVI., 
304-306  ;  advice  to  tho  king  in  coun- 
cil, V.  10,  17  ;  paper  of,  on  the  course 
for  Franca    to   pursue    toward    the 
United  States,  18-20;  on  Washing- 
ton's retreat  through  New  Jersey,  94 ; 
interview  with  Franklin,  127 ;  meets 
tho   American   commissioner.^,    128 ; 
policy  of,  toward  England,  132-134  ; 
insists  on  Spain  deciding  to  join  or 
not  to  join,  139;  arranges  trcuty  be- 
tween France  and  the  United  States, 
244,   24.5  ;   on   subduing  tho  Amcri- 
cans,  281 ;  active  interest  of,  in  Anieri- 
caa  affairs,  320-326  ;  sends  an  agent 
to  Ireland,  341 ;  suggests  a  league  of 
neutral  nations,  340  ;  letter  of,  to  Ge- 
rard, 440,  441  ;  intercourse  of,  with 
Oswald  and  Grenville,  637-540;  de- 
clines Crenville's  proposal,  542 ;  vicv  ; 
of,  on  Oswald's  commission,  551,  552; 
schemes  and  wishes  of,  as  to  the  prr  v- 
ress  of  tho  United  States,  502,  C      , 
opens  direct  negotiatiotis  with  Shel- 
burne,  505  ;  letter  of,  to  tho  Frencli 
envoy  at  Philadelphia,  572,  573  ;  mod- 
eration of,  in  making  peace,  vi.  30. 
Vermont,  the  territory  in  dispute  (1730), 
ii.   301 ;   proposal   to  annex  to  New 
York,  iii.  55 ;  unjustly  treated,  87 ; 
disturbance  in,  and  result,  iv.  142, 143; 
refuses  jurisdiction  of  New  York  and 
declares  independence  (1777),  v.  167; 
convention  meets  and  frames  consti- 
tution, adopts   laws,  etc.,  101,  102; 
asks  for  admission  into  tlio  union  as 


a  free  Htate  (1781),  not  allowed,  408; 
Hpecial  provision  foradniishionof,  into 
tho  union  (17H7),  vi.  324. 

Vernon,  Edward,  ailmiral,  captures  Por- 
to  lU'Uo  and  Fort  Chagre,  ii.  2S>0, 
290 ;  attack  of,  on  Carthagena,  290  ; 
ill  success  of,  and  loss,  296,  207. 

Verplauck's  Point,  \cw  York,  surren- 
dered to  the  Uriti.sh,  v.  320. 

Vincennes,  a  Canadian  hero,  ii.  236; 
death  of,  230. 

Vincennes,  tho  oldest  village  in  Indi- 
ana, ii.  186;  post  at,  220;  increa.so 
of  (1709),  iii.  319  ;  how  t  atod,  409  ; 
people  of,  join  the  United  States 
(1778),  V.  311,  312;  fort  at,talen  by 
Hamilton,  312;  ret:>!  en  by  Clark  and 
tlio  buckwoodsmc.i,  .ill,  814. 

Virginia,  the  name  given  by  Queen  Eliza- 
beth, 1.  09  ;  first  colony  of,  86  ;  first 
charter  of,  85,  80 ;  King  James's  in- 
terest in,  80  ;  provisions  of  the  char- 
ter, 80,  87 ;  colonists  arrive  in,  88 ; 
second  colony  of,  90 ;  failure  of  tlio 
colony,  91 ;  first  colony's  suHering.s, 
91,  92;  dissensions  in,  92;  Jolni 
Smith's  administration,  92-90 ;  sec- 
ond charter,  99;  adventurers  under, 
99;  provisions  of  charter,  100;  sad 
state  of  affairs  in,  100,  101 ;  restora- 
tion of  the  colony,  101,  102  ;  martial 
law  in,  102,  103;  treatment  of  tho 
Indians,  104;  Spaniards  jealous  of, 
104 ;  the  third  charter,  its  important 
provisions,  104.  105  ;  stability  of  the 
colony,  105 ;  Dale's  administration, 
107;  tenure  of  lands  in,  107;  Argall 
in  charge  of,  109,  110;  Yeardley  gov- 
crnor,  108,  110-113;  Sir  E.  Sandys 
treasurer,  Ferrar  counsel.  111,  112; 
emigration  of  unmarried  women  to, 
115,  116. 

First  colonial  assembly,  acts  of,  i. 
112,  113  ;  ordinance  securing  the  lib- 
'.rtiesof  Virginia,  117  ;  Wyatt  brings 
free  constitution,  118;  oonditional 
.*::■•  ifude  in,  12  ;  negro  slavery  in, 
a2o;  Wyatt's  administration,  120, 
127;  cotton  planted,  silk  culture  at- 
tempted, etc.,  120  ;  rcl'gious  teaching 
in,  127;  troubles  of,  witli  tho  red 
men,  whites  massacred,  127,  128; 
war  for  extermination,  128,  129. 

King  James  and  the  London  Com- 
pany, i.  129,  130 ;  the  order  to  give  up 
the  charter  refused,  131 ;  commission- 
ers sent  to  Virginia,  131, 132 ;  spirit  of 
the  people,  132 ;  the  assembly's  acts 
of  legislation,  132,  133  ;  patents  can- 
celled, 133;  Wyatt  governor,  133, 
134 ;  Charles  I.  and  Virginia,  135 ; 


J,  ; 


INDEX. 


565 


Ycanlloy  govomor,  lU-  Harvey  ruc- 
Ct-iHla,  13G,  ia7;  tliol'u>if,i.miijvJU'<l 
to  ^  ngiiiiii,  136  ;  Ilaivey  iiniieat'lit'd, 
su  tuinoil  by  privy  council,  i;t8,  liifi  ; 
Wyatt  governor,  l;j)t;  Hcrkoley'ii  ml- 
mini;Urntion,  i;iB,  IJO;  couiso  of  tlic 
Icgislaturo,  140,  141;  Bcconil  njtts.^a- 
cic  by  Indiiinn,  142;  piospcrily  and 
loyalty  of,  14:). 

Thu  L<ing  Parliament  ndscrts  itH  su- 
prcniocy  in,  1.  143 ;  change  in  Eng- 
land's coinmorcial  policy,  144-140; 
Virginia  yields  to  pressure,  etc.,  14tf,' 
147;  conrsc  pursued  by  Cromwell  to- 
ward,  148 ;  tlio  assembly  claims  its 
rights,  148,  Hi);  Jlerkelcy  again 
elected,  150;  inhabitants  of,  lr)U, 
161;  religious  liberty  for  nil  except 
Quakers,  ICi ;  clinmto  and  native  ut-  ' 
traction.'!  of,  151  ;  mode  of  living 
hcHpitality,  etc.,  152,  15;). 

The  colony  badly  used  l)v  Charles 
II.,  1.  305,  452  ;  people  of,  clectlon.s, 
aristocracy,  democracy,  etc.,  442,  443  • 
servants  in,  443 ;  negro  slaves,  444 ;' 
two  parties  in,  445 ;  royalist  assembly 
in,  446 ;  navigation  acts  oppressive, 
440,  447 ;  persecutions  in,  448 ;  reve- 
nue of,  449  ;  salaries,  taxation  in,  44!) ; 
assembly's  action,  suffrage  in,  451 ; 
means  of  education,  451;    "Virginia 
given  away  by  Charles  11,,  452,  453; 
agents   sent   to  protest  against  this, 
463 ;  the  king  orders  a  charter,  but 
recalls  the  order,  454;  tic  colony  in 
1674, 455  ;  reform  movements  in,  450, 
457;  contests  with  the  ludiiins,  457, 
458;  IJerkeley's  course,  consequences,' 
458 ;  the  new  assembly  and  its  act.s, 
460, 461 ;  Bacon's  rebellion,  461-464  ; 
Jamestown  burned,  460 ;  rebels  and 
others  from  abroad  sent  to  Virginia, 
471,  472  ;  despotic  measures  resLstod* 
473,  474  ;  movements  for  union  with 
Isew  England  colonies,  474. 

Form  of  government,  burgesses 
etc.  (1089),  ii.  17;  the  church  and 
people,  18-20;  disfraneliisos  negroes, 
mulattoe.s,  and  Indians,  256,  257 ;  op^ 
poses  the  slave-trade,  279,  280 ;  inde- 
pendent spirit  of,  341  ;  condition  of 
(1754),  393,  394;  slavery  in,  394; 
supplies  troops  for  Eorbes's  expedi- 
tion, 493;  opposes  the  slave-trade, 
649 ;  address  of,  to  the  king,  iii.  92  ; 
memorial  to  the  lords,  93;  remon- 
strance to  the  commons,  93  ;  resolve 
of,  as  to  the  stamp-act,  110;  debate 
on  Tatrick  Henry's  resolutions,  111, 
112  ;  "rang  the  alarum-bell  "  (1766), 
112;    the   assembly   not  allowed  to  i 


moot,  120;  votes  a  statue  to  King 
George,  213  ;  ojjposes  the  slave-trade, 
248  ;  the  assembly  approves  of  course 
of  Massachusi'tts,  285 ;  urges  on  the 
other  colonies  to   hold   liberty  firm 
285,  280  ;  claim  of,  to  the  West,  320  • 
opposes  ytuart  and  the  Cherokee  lino, 
o20, 321 ;  western  boundary  (lut.stion, 
822;  resolves  of,  and  circular,  347, 
318  ;  the  governor  dissolves  the  house, 
848;    non-importation    covenant  in, 
348-350;  the   western  boundary  of, 
^92  ;  Lord  Dunmoic  governor,  890  ; 
protests  against  the  hluvc-tiadc,  409,' 
410;  the  king  orders  continuance  of 
the   trade,  410;   address   of,  to  the 
king,    411  ;    proposes    Intercolonial 
committees,  436,  437 ;  effect  of  tlie 
proposition,  437. 

i^pirit  of  the  house  cf  burgesses 
(1774),  iv.  16,  17;  day  of  fasting  and 
prnyer  appointed,  17;  the  house  dl«- 
solved,  meets  directlv  after,  17;  con- 
vention  called,  18;  backwoodsmen  of, 
help  Boston,  29,  30;  convention  of, 
ai;  denounces  slavery,  34;  decision 
reached,  36,  30 ;  opposes  the  Quebec 
act,   82;    Lord   Diinmore    governor, 
82 ;  disobeys  the  act,  83  ;  the  people 
m   West   Virginia    assert  American 
rights,  83,  89;  rresbyteiian  resolve 
in  council,   100,   loi  ;    the  assembly 
pmrogued,  108;  spirit  of  West  Vir- 
piuia,  131 ;  coniservative  character  of, 
dislikes  prospect  of  war,  144  ;  second 
convention  and   its    act.s,    144 ;    p. 
Henry  proposes  measures  of  defence," 
144,  145 ;  is  opposed  bv  Bland,  Har- 
ri.son,    and    others,    146;    measures 
adopted,  146  ;  the  people  threaten  to 
rise  against  Dunmore,  146;  moderat- 
ing counsels  prevail,  147 ;  rising  in, 
Dunmore's  course,  179,  180;  conven- 
tion in  Richmond,  clear  and  judicious 
course,  254 ;  money  voted,  255 ;  war 
is  begun  by  Dunmore,  317  ;  effect  of 
burning  Norfolk,  321 ;  moves  to  open 
the   ports  of  the   colonies   for  free 
trade,  321 ;  house  of  burgesses  meets 
and  dissolves,  412;  constituent  con- 
vention (May,  1770),  412  ;  the  people 
unanimous,  413 ;  instructions  to  dele- 
gates, 414;  E.  Pendleton  president, 
414 ;  resolutions  on  independence  and 
confederation,   415;    declaration    of 
rights,  410;  quoted,  417-419;  form 
of  government  adopted,  426  ;  gover- 
nor, privy  council,  general  assembly 
in  two  branches,  427 ;  Patrick  Henry 
elected  governor,  45,S, 
Declaration  of    independence    re- 


566 


INDEX. 


ceived  {Hid),  v.  5 ;  the  claim  on  the 
north-western  territory,  14 ;  dispstab- 
lishea  the  church,  123  ;  prosperity  of, 
327 ;  raid  into,  under  Matthew,  5527, 
328 ;  action  of  the  legislature  on  con- 
fiscation, poll  tax,  constitution  of 
government,  etc.  (1779),  328,  829; 
forbids  the  slave-trade,  329 ;  gener- 
ous help  of,  for  Carolina,  383,  384 ; 
antagonism  toward  New  England, 
41)7 ;  permits  emancipation,  not  aboli- 
tion, 410;  receives  help  from  France, 
441 ;  asserts  state  sovereignty,  441, 
442 ;  patriotic  oifcrs  for  the  union, 
453.  454 ;  repeals  grant  of  impost, 
vi.  03 ;  effect  of  Washington's  letter 
(1783),  95,  96;  views  of  (1784),  111 ; 
disestablishes  the  church,  155 ;  course 
of,  on  the  paper-money  question,  173- 
175;  hesitates  as  to  giving  congress 
power  over  trade,  184,  185 ;  commis- 
sioners of,  to  convention  at  Annapo- 
lis, Maryland,  185;  unanimous  action 
of  the  assembly,  197,  198;  Virginia 
statesmen  against  slavery,  262 ;  ac- 
cepts the  ordinance  for  western  lands, 
with  exclusion  of  slavery,  290,  291; 
the  rights  of  free  negroes  in,  291 ; 
the  legislature  discusses  and  acts  on 
the  new  constitution,  377-379;  views 
as  to  the  Mississippi  river,  and  ri„'hts, 
423 ;  state  convention  on  the  federal 
constitution  meets,  4'^0 ;  long  and 
earnest  debates,  strong  men  on  both 
sides,  420-434 ;  the  convention  re- 
fuses conditional  ratification,  436; 
the  constitution  ratified,  436 ;  the  op- 
position acquiesces,  436,  437;  the 
legislature  calls  for  a  second  federal 
convention,  465. 

Voltaire,  and  Frederic  of  Prussia,  ii. 
478,  479 ;  predicts  revolution,  iii.  75  ; 
letter  of,  to  D'Alembert,  229;  on 
representative  f^overnment,  iv,  369 ; 
friendship  of,  for  America,  v.  247 ; 
renders  homage  to  Lafayette,  247 ; 
scene  in  the  French  Academy  with 
Franklin,  256. 

Tries,  De.    See  Do  Vrics. 


W. 

Wabash  river,  expedition  to,  v.  310. 

Waddel,  in  command  against  the  "  rcgu- 
lators  "  in  Carolina,  iii.  400,  401. 

Wadsworth,  James,  of  Connecticut,  in 
congress,  vi.  113  ;  in  the  state  conven- 
tion, ripnosef?  the  new  constitution, 
894,'  Sg's';  result,  395. 


Wadsworth,  Captain  Joseph,  and  the 
charter  of  Connecticut,  i.  688. 

Wainwright,  Simon,  of  Haveriill,  Massa- 
chusetts,  killed  by  the  Indians,  ii. 
197. 

Walcott,  of  the  British  army,  v.  145 ;  on 
treating  with  congress,  146. 

Waldeck,  prince  of,  offers  England  six 
hundred  mercenaries,  iv.  350. 

Waldenses,  in  New  Netherland,      612. 

Waldron,  K.,  murdered  by  the  ^ii  Jians, 
11.  178,  170. 

Walker,  Henderson,  governor  of  North 
Carolina,  ii.  14. 

Walker,  Sir  II.,  ii.  200 ;  fleet  of,  wrecked 
in  the  St.  Lawrence,  202. 

Walpole,  Horatio,  auditor  -  general,  ii. 
239,  243 ;  receives  money  illegally, 
256  ;  advises  coercion  of  the  colonies, 
347 ;  on  Townshend's  instructions, 
376. 

Walpole,  Sir  Robert,  prime  minister  of 
England  (1716),  ii.  213,  214;  charac- 
ter of,  240,  241 ;  on  taxing  the  colo- 
nies,  251 ;  opposes  war  against  Spain, 
293,  294;  resigns,  295;  views  on 
stamp-act  and  revenue,  iii.  68,  70. 

Walton,  George,  delegate  to  congress 
(1776),  iv.  391. 

Wanton,  governor  of  Rhode  Island,  calls 
an  assembly,  iv.  171. 

Ward,  Artemas,  appointed  general,  \  f. 
121;  at  Cambridge,  173  ;  in  command 
around  Boston,  209;  fears  a  geueriil 
action,  219;  sends  Stark  toPreseott's 
help,  220,  221;  dilatory,  223 ;  general 
orders  after  the  battle  of  Bunker  Hill, 
231 ;  elected  by  congress  major-gen- 
eral, 232 ;  with  the  centre  of  the  army, 
240;  in  command  of  a  division  at 
Cambridge,  247. 

Ward,  Nathaniel,  furnishes  "  model " 
for  code  of  laws  in  Massach  isetts,  i. 
282. 

Warner,  Seth,  takes  Crown  Point,  iv. 
183;  lieutenant-colonel  of  the  Green 
Mountain  Boys,  292 ;  attack  of,  on  the 
British,  296;  at  Ilubb.'trdton,  v.  102; 
retreats,  102,  163;  in  the  battle  at 
Bennington,  Vermont,  172. 

Warren,  James,  speaker  of  the  Massa- 
chusetts legislature,  iv.  242;  Wash- 
ington's appeal  to,  v.  318. 

Warren,  Joseph,  "  freedom  and  equali- 
ty," the  new  war  cry  of,  iii.  207 ;  in 
the  Massachusetts  assembly,  217  ;  let- 
ter on  Bernard,  278 ;  on  committee 
with  Samuel  Adams,  i)ropare8  a  state- 
ment of  grievances,  421 ;  spirit  of,  iv. 
23 ;  OTi  county  congress-,  52 :  fearless. 
60;  hopeful  words  of,  90;  opinions 


i   fi; 


INDEX. 


567 


24'J;   Wash- 


of,  122 ;  oration  of,  at  commemora- 
tion of  the  Boston  massacre,  13;^, 
134;  at  the  British  retreat  from  Con- 
cord, 166,  166;  deprecates  war,  184; 
noble  spirit  of,  200 ;  letter  to  Samuel 
Adams,  203;  falls  at  Bunker  Uill, 
230 ;  character  of,  230,  231. 
Warren,  Sir  Peter,  admiral,  in  the  expe- 
dition against  Louisburg,  ii.  808,  309. 
Washington,  George,  early  life  and 
training,  ii.  312,  313;  envoy  to  the 
French  on  the  Ohio,  378,  379 ;  reaches 
Fort  Le  Boouf,  380 ;  toilsome  return, 
380,  381 ;  lieutenant-colonel,  for  act- 
ive service  against  the  French,  381 ; 
fight  with  the  French  under  Jmnon- 
ville,  384,  385 ;  at  Great  Meadows, 
capitulates,  385 ;  gives  up  service 
throujjh  disgust  at  Braddock's  course, 
412;  one  of  Braddock's  aids,  420; 
share  in  the  battle  at  Braddock's  de- 
feat, 423,  424;  sympathy  and  self- 
sacrifice,  444,  445 ;  praised,  but  neg- 
lected, 451;  in  the  expedition  under 
Forbes  (175S),  403;  commands  the 
advance  party,  494,  495 ;  enters  Fort 
Duquesno,  495  ;  honor  and  praise  be- 
stowed on,  elected  a  burgess,  497 ; 
marriage  of,  497 ;  at  Mount  Vernon, 
497 ;  opinion  of,  as  to  the  stamp-act, 
iii.  146  ;  on  the  repeal  of  the  stamp- 
act,  213;  views  of  (1768),  283;  at 
Mount  Vernon,  sentiments  and  course 
of,  344 ;  plan  of,  for  non-importation, 
848 ;  on  the  Ohio,  393. 

Spirit  and  course  of  (1774),  iv.  17, 
18;  subscriptiuii  for  help,  president 
of  Fairfax  county  convention,  29 ; 
opinions  of,  34,  35,  143 ;  in  congress, 
64 ;  letter  to  British  officer,  72 ; 
Patrick  Henry's  opinion  of,  78 ;  dele- 
gate to  the  second  congress,  190; 
opinions  of,  199;  elected  commander- 
in-chief  by  congress,  iv.  205 ;  charac- 
ter of,  training,  noble  qualities,  etc., 
205-210  ;  knowing  the  difficulties  be- 
fore him,  accepts,  211 ;  pledge  to  con- 
gress, 211,  212;  letter  to  his  wife, 
212,  235  ;  leaves  Philadelphia  for  the 
army,  235;  letter  to  his  brother, 
236  ;  reception  of,  in  New  York  and 
New  England,  236,  2:57 ;  takes  com- 
mand of  the  army,  239 ;  begins  with 
reforms,  240 ;  report  of,  to  congress, 
243 ;  trying  duties,  247 ;  remonstrates 
with  Gage,  249;  vexations  encoun- 
tered, 250;  insists  upon  an  exami- 
nation into  tho  state  of  the  army, 
262 ;  committee  of  congress  visit  him 
and  devise  plan  of  relief,  262  ;  sends 
two  battalions  overland  to  Canada 


under  Benedict  Arnold,  297,  298; 
asks  the  Canadians  to  join  the  Ameri- 
cans, 298 ;  in  favor  of  declaring  inde- 
pendence, 316 ;  on  the  destruction  of 
Norfolk,  Virginia,  321;  difficulties 
and  troubles  with  army  matters,  321, 
322;  enlists  free  negroes,  322,  323; 
lack  of  money,  arms,  etc.,  323 ;  letter 
reproving  congress  as  to  attack  on 
Boston,  323,  324;  fortifies  Dorches- 
ter Heights  and  Nook  Hill,  326,  327, 
329 ;  drives  the  British  out  of  Boston, 
329,  330 ;  thanks  received  from  con- 
gress and  people  of  Boston,  330,  331 ; 
sends  troops  to  New  York,  330 ;  goes 
to  New  York,  376;  how  served  by 
congress,  377;  views  as  to  the  con- 
test with  England,  419. 

Badly  off  for  troops  (June,  1776),  iv. 
430;  deadly  plot  against,  in  New 
York,  430,  431 ',  letter  to  congress  on 
the  condition  of  the  army,  436,  437 ; 
letter  on  Howe's  arrival  at  Sandy 
Hook,  441 ;  on  tho  riot  in  New  York 
city,  V.  4,  5  ;  refuses  letters  which  are 
not  properly  addressed,  7,  8;  views 
of,  8;  letter  to  Governor  Trumbull, 
25;  pain  at  the  loss  of  troops,  32; 
inspects  the  works,  34 ;  resolves  to 
cross  the  river  to  New  York,  35  ;  se- 
crecy and  success  of  the  movement, 
36-38;  urges  enlistments  for  the  war, 
39,  40;  letter  to  congress,  42;  activi- 
ty in  retreat  from  New  York,  44-47 ; 
pleads  for  an  army,  51 ;  unheeded  by 
congress,  52 ;  on  Harlem  Heights  and 
vicinity,  65,  66;  deplores  the  inac- 
tivity and  wilfulness  of  congress,  68, 
69;  begins  to  evacuate  New  York 
Island,  69,  70 ;  sends  corps  to  White 
Plains,  70 ;  holds  council  of  war,  70 ; 
adiises  giving  up  Fort  Washington, 
75;  examines  the  Highlands  on  the 
Hudson,  76 ;  grieves  over  the  loss  of 
Fort  Washington  and  vicinity,  80; 
troubles  and  trials  of,  81, 82 ;  at  New- 
ark, New  Jersey,  82 ;  orders  of,  to  C. 
Lee  disobeyed,  81-84;  at  Brunswick, 
83 ;  ^  at  Princeton,  64 ;  prevents  the 
British  from  crossing  the  Delaware, 
85 ;  is  the  main  hope  of  the  United 
States,  87. 

Plans  attack  on  the  enemy  (Decem- 
ber, 1776),  V.  90 ;  urges  congress  to 
raise  troops,  91,  92  ;  crosses  the  Dela- 
ware, 97 ;  success  of,  at  Trenton,  98, 
99 ;  is  authorized  to  raise  troops,  100, 
101 ;  extraordinary  powers  granted  to, 
101 ;  pledges  his  fortune,  102  :  .it  As- 
sanpink,  103,  104 ;  retreats  at  night 
to  Princeton,  105,  106 ;  plans  to  take 


•.-ill. 


568 


INDEX. 


r 


Prunswiek,  107 ;  headquarters  at  Mor- 
ristown,  108  ;  proclamation  of,  109 ; 
cavilled  at  in  congress,  110;  highly 
esteemed  by  R.  Morris  and  others,  101>, 
110;  number  of  troops  in  New  Jersey, 
148;  recommends  drafting,  148,  149; 
watches  the  enemy,  Fabian  policy  suc- 
cessful, 153,  154;  sends  Arnold  and 
Lincoln  to  Schuyler's  help,  166;  let- 
ters to  New  England  officers,  166;  on 
IJurgoyne'a  advance,  107 ;  rouses  Mas- 
sachusetts troops,  173;  strives  for  a 
nationa'  army,  174;  marches  to  Wil- 
mington, Delaware,  175,176;  positions 
taken,  176 ;  battle  of  the  Brandywiue, 
177-179;  at  Chester,  report  to  con- 
gress, 17!» ;  movement  blamed  by  John 
Adams,  180, 181 ;  sends  for  Morgan's 
corps,  181 ;  Gates  does  not  respond, 
197;  proposes  to  move  on  German- 
town,  193;  cause  of  failure  at  Ger- 
mantown,   194,   195;    gets    news   of 
Burgoyne's  surrender,   195;  jealousy 
of  congress  toward,  197;  refuses  the 
"  mad  enterprise  "  of  attacking  Phila- 
delphia, 209;   at  Whitemarsh,  209- 
number  of  troops,  210;  disapproves 
Conway's  promotion.  210;  interview  I 
with  Conway,  211;  abused  by  Reed,  I 
Lovcll,  etc.,  211 ;  pities  the  troops  in  ' 
wmter    quarters   (1777,   1778),  213  •  ' 
blames  Mifflin,  213;  makes  entreaties 
for  the  soldiers,  214 ;  letter  to  Gordon, 
-il6;  dignified  course  of,   216,  217- 
letter  from  Conway,  216,  217;  plan 
of,  for  drafting  troops,  218,  219;  dis- 
approves  new  staff  regulations,  219 
220;  differs  with  congress,  220,  221  • 
letter  of,  on  a  standing  army  (1778)' 

Opinion  of,  on  propositions  of  the 
Isriti.sh  cominissioner.s,  v.  265,  256- 
attacks   Clinton   on   retreat   through 
New  Jersey,  274-277;  gains  a  vicro"-y 
at   Monmouth,    276-278;    at  White 
Plains,  286;  the  hand  of  Providence 
recognized,  286,    287 ;  on  the  state- 
rights  difficulty,  etc.,  298 ;  in  Phil.a- 
dolphia  (1779),  317;  letters  on  efficient 
government,  318,  319  ;  interview  with 
Gerard,  319,  320;  on  enlisting  slaves 
111  the  South,  370;  at  Moriistown,  423  • 
meets    committee   of  congress,   424* 
425 ;  has  a  meeting  with  the  French 
officers,  432;  appeals  to  Reed,  443; 
letter  to  J.  Jones,  of  Georgia,  on  in- 
efficiency of  congress,  444  ;  letter  to 
Oeorge  Mason  on  distress  and  rem- 
edy,  449,  4R0;    appeals    to    France 
for  help,  452;  to  R.  R.  Livingston, 
453;   begs  that  congress  have  coer- 


U  m 


civc  powers,  455-487  ;  in  full  control 
at  last,  477 ;  letter  commending  Gen- 
cral  Greene,  478;  orders  Steuben  to 
aid  Greene,  496  ;  plans  Virginia  cam- 
paign   505,  606;  arranges  with  the 
iv     «"*''•<:'•«.  i*08, 509 ;  begs  troops 
of  New  England,  509  ;  at  Mount  Ver- 
non,    617;   has  conference   with  De 
Grasse,  518;  receives  thanks  of  con- 
gress, 623;  demands  Lippincot,  556  • 
inakes  request  to  Carleton,  555-  re- 
ply of,  to  Nicola's  letter,  668 ;  on  the 
sufferings  of  the  army,  661;  appeal 
to  Virguua  statesmen    for    efficient 
government,   vi.    10,    17;    advice  to 
Custis  and  to  Jones,  18,  19;  opinions 
ot,  on  the  crisis,  66 ;  appeals  to  the 
governor  of  Virginia,  70;    reply  to 
anonymous  address,  71 ;  meets  officers 
of  the  army,  73 ;  result  of  his  action 
76 ;  letter  to  Hamilton,  76,  77 ;  ad- 
dress of,  to  his  countrymen,  legacy  to 
the  people,  energy  of  patriotism,  83- 

nn'»l®"'^'"',^'''^  received  in  the  states, 
90-97;    takes  a  northern  tour,  101 
102  ;  statue  voted  to,  by  congress,  102  • 
adviser  to  congress  at  Princeton,  New 
Jersey,  102,  103;  address  of,  to  the 
urmy,  105;  parts  with   the  officers 
06;    journey  through  New  Jersey! 
107;  through  Philadelphia,  107;  re' 
signs   his   commission,   108;  returns 
to  Mount  Vernon,  109;  on  commerce 
with  the  West,  114;  honors  decreed 
to,  by  Virginia,   114;    pleads  for  a 
national  constitution  in  letter  to  Har- 
rison, 115  ;  tour  of,  in  the  West,  125 ; 
report  to  Governor    Harrison,    126; 
negotiates  between  Virginia  and  Marv- 
land,   127,   128;    western  policy  of, 
ISO,  131 ;  inflexible  against  breach  of 
public  faith,  174 ;  in  private  life,  177 ; 
invited    to  visit    France,   177,   178; 
home   of,    lands,    negroes,  etc.,  178,' 
180;  hatred  of,  for  war,  181 ;  enjoins 
moderation  on  Lafayette  at  beginning 
of  French  revolution,  182;  meeting  of 
commis-sioners  at  his  house,  182,  183- 
on  the  importance  of  tlie  union  to  the 
republic,  184. 

Is  chosen  delegate  to  the  federal 
convention,  vi.  198;  makes  prepara- 
tion for,  203;  goes  to  Philadelphia, 
208 ;  chosen  president  of  the  couven- 
lion,  211  ;  influence  of,  in  the  conven- 
tion, 276;  praises  colony  in  Ohio, 
290 ;  proposes  amendment  to  the  con- 
stitution, 300;  meditations  on  the 
result,  367;  efforts  of,  in  Virginia  in 
favor  of  the  constitution,  375.  376- 
wins  over  Rr-ndolph,  377 ;  hope  and 


..t     f 


INDEX. 


569 


trust  of,  879;   letters  to  Stuart  and 
Carter,  379,  380 ;  letter  as  to  a  second 
federal  convention,  401 ;  influence  of 
and  advice,  410,  411  ;  letter  to  La- 
layette,  414;  views  of,  as  to  foreign 
affairs,  424;    vast  and  beneficial  m- 
fluence  of,  in  favor  of  tlic  constitu- 
tion,  437 ;  unanimously  elected  presi- 
dent of  the  United  States,  4(58  ;  sees 
danger  to  the  union  from  the  South 
469  ;  resolution  of,  on  leaving  Mount 
Vernon,   409;    reception  of,  on  the 
way  to  New  York,  at  Alexandria,  Bal- 
timore,  Pliiladeiphia,  Trenton,  470- 
inauguration  of,  as   president,  471  • 
address  to  the  two  houses  of  coiigres« 
471;    prayers  in  St.  Paul's  church! 
Iscw  loik,  472 ;  description  of,  by  the 
J  rcnch  minister,   472 ;    addresses  of 
the  senate  and  representatives  in  re- 
ply to    Washington's  inaugural    ad- 
dress, 472. 

Washington,  Captain  William,  at  Tren- 
ton, New  Jersey,  v.  98;  colonel  of 
regiment  under  Morgan  in  Carolina, 
4/7;  routs  a  body  ,  torics,  480- 
bravery  of,  at  the  Cowpcns,  482, 483  • 
at  battle  of  Guilford  Court-House' 
492,  493;  at  Hobkirk's  Hill,  499- 
wounded  and  taken  prisoner  at  Eutaw' 
Springs,  503. 
Washington,  city  of,  action  on  sclectin"' 

site  for,  vi.  97,  98. 
Watauga,  republic  of,  iii.  403,  467 ;  help 
of,  against  the  Indians,  iv.  86 ;  Siiel- 
by  and  party  in,  86,  87 ;  great  vic- 
tory of,  87;  pledges  help  for  tlie 
union  of  the  states,  414. 
Watcrbury,   of    Connecticut,  on    Lake 

Champlain,  v.  69,  61. 
Watson,  George,  a  mandamus  councillor 
resigns,  iv.  50.  ' 

Waymouth,  George,  voyage  and  explora- 
tions of,  among  the  St.  George  Isl- 
ands on  the  coast  of  Maine,  i.  81,  82 
Wayne,  Anthony,  ii.  493 ;  in  Canada,  iv. 
380;   at  Ticonderoga,  v.   84;  meets 
Hessian  yagers,  180;  attacked  by  the 
British,  180;  with  Washington,  181- 
at  Germantown,  193,  194;  disparat^es 
Washington,  211  ;  good  conduct  of, 
at  Monmouth,  270,  277;  brilliant  ex- 
ploit  at  Stony  Point  on  the  Hudson, 
331;  makes  junction  with  Lafayettej 
509;  rash  movement  and  result,  512  ■ 
goes   to  the    South,   under    General 
Greene,  525 ;  excellent  service  there 
B65,  550.  ' 

iv*^*^'"'  ^J!?''''*"^-     See  Fiankeshaws. 
■.>ebb,  Geticrai,  at  i'ort  Edward  (1767) 
cowardly  conduct  of,  ii.  460. 


Webb,  of  Connecticut,  colonel,  at  White 

I  lams,  V.  74;  at  Trenton,  New  Jer- 

sey,  90. 
Webster  Noah,  tract  of,  on  American 
[      policy(1784),vi.  136, 137, 
Webster,  Pelatiah,  on  union,  and  the 

constitution  of  the  United  States  vi. 

66.  ' 

Wedderburn,  Lord  Loughborough,  self- 
ish,    unscrupulous,    unrelenting,    iii. 
195,    219,    823;     attack    on    Hills- 
borough,  385,  380 ;  solicitor-general, 
397;  burnt  in  effigy  in  Philadelphia 
ly.    10;    opinions  of,  20;    calls   the 
Massachusetts  congress  treasonable, 
150;  m  parliament,  v.  55,  50;  Lord 
Loughborough,  condemns    treaty  of 
peace,  vi.  40. 
Wentworth,  B.,  governor  of  New  Hamp- 
shire, 11. 252.  * 
Wesley,  Charics,  in  Georgia,  ii.  288. 
Wesley,  John,  in  Georgia,  ii.  288 ;  makes 
a  stay  of  two  years,  288 ;  favors  the 
c()urt  views,  iv.  136,  137;   letter  to 
Dartmouth  and  North,  187,  188-  pre- 
dicted revolution,  372 ;  founder  of  the 
American  Methodists,  vi.  160-163 

U  est  Benjamin,  the  painter  (1758)  ii 
4 'to.  ''     ■ 

West  Francis,  governor  of  Virginia,  i. 

130 ;  appointed  admiral  of  New  En^- 

land  to  restrain   unlicensed  fishing 

216;  resigns,  216. 
West  Indian  colonics,  ii.  242. 
West    John,   secretary    to    Andres,   i. 

585.  ' 

West,  Joseph,  leads  colonists  to  South 

Carolina  (1670),  i.  429. 
AVest  New  Jersey,  bought  by  the  Quak- 
ers,  1.  540;   constitution  of  govern- 
nient,  547,  648 ;  taxation  by  the  duke 
of   lork   resisted,  549;  progress  of 
the  settlement,  550;  after  the  revolu- 
tion  united  with  East  New  Jersey  into 
one  province  (1702),  ii.  82,  33. 
A\estern   Company,   sends  out  second 
colony  of  Virginia,  i.  89,  90;  failure 
of  the  enterprise,  91. 
Western  lands  coded  by  New  York  and 
Virginia  to  the  United  States,  vi.  14 
Ueston,  Thomas,  tries  to  colonize  on 
/n^fio?  .  '"''"■bor,     near     Weymouth 
(1(<22),  1.211;  failure  of  attempt  in 
a  year,  212.  ' 

Wcthersfield,    Connecticut,    and    other 
towns,  send  men  to  caiiii.  (1776)  iv 
170,  171.  1  V     <  A  IV. 

Weymouth    colony,    Jlassaehusetts.    i. 
216,  221.  ' 

Weymouth,    Lord,   in    parliament,   iii. 
267,  340,  307 ;  leaves  the  ministry, 


670 


INDEX, 


I  ill 


J'-', 


%' 


pa 


397 ;  succeeds  Rocliford  as  secretary 
of  state  (1776),  iv.  284. 
Whale  tislicry  offered  to  the  eolouies  by 

Grenvllle  (17G4),  iii.  71,  72. 
Whalley,  E.     Sec  Regicides. 
Whately,  Thomas,  secretary  to   Gren- 
villc,  iii.  39;  secretary  of  the  treas- 
ury, 73  ;  under-secrctary  to  Lord  Suf- 
folk, 397 ;  death  of,  424. 
Wiiately,  banker  to  the  treasury,  Lon- 
don, course  of,  iii.  459,  400. 
Wheelwright,    John,     advocates    Mrs. 
Hutchinson's  views,   i.   200-2G2;   is 
exiled,   202,  319;   scutenco  of  exile 
rescinded,  301. 
Whig  party,  in  England,  the  old.  Lord 
Soraers  at  the  head,  ii.  4,  13;  must 
bo  renovated  or  dissolved  (1754),  410 ; 
the  party  and   its   work  (17G5),  iii! 
225,  220;    the   new  whig  party,  its 
work  finished,  v.  203  ;  vl.  44. 
Whitaker,  Alexander,  "the  apostle  of 

Virginia,"  labors  of,  i.  104. 
White,  John,  governor  of  Raleigh  colo- 
ny in  Virginia,  i.  75,  70 ;  fate  of  his 
grandchild,  Virginia  Dare,  and  the 
colony,  77,;  78. 
White,  Jesuit  missionary,  with   others, 
in  Maryland,  i.  159  ;  ticatraeut  of  the 
red  men  by,  101. 
White  Plains,  New  York,  occupied  by 

Washington,  v.  71,  72. 
Whitefiold,  George,  in  America,  ii,  289. 
Whitehill,   R.,   in    Pennsylvania    state 
convention,  opposes  new  constitution, 
vi.  386,  387. 
Whitgift,    archbishop    of    Canterbury, 
prosecutes    nonconformists    in  Eng- 
land, i.  189,  190,  If 7,  ° 
Whiting,  S.,  agent  of   Connecticut,  ii. 

Wilborc,  of  Taunton,  Massachusetts, 
imprisoned  for  protestiu!;  against  tax. 
i.  585.  ' 

Wilborforce,  V/illiam,  in  parhamcnt,  vi. 
39.  ' 

Wilkes,  and  parliament,  iii.  69;  re- 
elected to  be  expelled,  280;  further 
struggle,  345;  gets  into  parliament, 
iv.  9;  on  American  resistance,  118, 
119  ;  on  conquering  America,  v.  51. 

Wilkins,  commandant  in  Illinois  (17C8), 
iii.  320. 

Willard,  Abijah,  of  Lancaster,  Massa- 
chusetts, a  mandamus  councillor,  gives 
up,  iv.  50. 

Willard,  John,  hanged  for  witchcraft,  ii. 

63. 
Willett,  Colonel  Marinus,  v,  169 ;  brav 


cry  of,   109-17;: 
dagas,  332. 


among  the  Ouon- 


William  and  Slary  college,  Vir'auia 
founded,  ii.  18,  o       » 

William  of  Grange,  lands  in  England 
(loss),  i.  598;  character  and  policy 
of,  ii.  4-C ;  aim  of,  as  to  the  colonies 
04,  71 ;  death  of,  78,  ' 

Williams,  David,  one  of  Andre's  cap- 
tors,  v.  433,  434 ;  congress  votes  au 
annuity  to,  438. 

Williams,  E|)hraim,  bequest  of,  to  estab- 
lisli  a  school,  ii.  430. 

Williams,  Eunice,  and  family,  ii.  190- 
killed  by  the  Indians,  190.  ' 

Williams,  Colonel  James,  v.  378 ;  active 
patriotism  of,  394  ;  death  of,  at  battle 
of  King's  Mountain,  South  Carolina 
400,  ' 

Williams,  John,  husband  of  Eunice,  ii. 
190. 

Wijliams,  Otho,  at  Camden,  South  Caro- 
lina, V.  388;  adjutant-general  of  south- 
ern army,  477 ;  with  light  troops,  489 
490 ;  iu  the  battle  of  Eutaw  Sprincs 
603.  ^     ^  ' 

AVilliams,  Roger,  i.  241 ;  free  and  lib- 
eral sentiments  of,  241,  242  ;  minister 
at  Salem  249 ;  opposes  Massachusetts 
theocratic  ideas,  249,  250 ;  strife  of, 
with  the  magistrates,  250,  251;  is 
exiled,  252 ;  goes  among  the  red  men, 
233;  welcomed  by  Massasoit,  253; 
founds  Providence,  Rhode  Island,  234; 
services  of,  as  a  law-giver,  255,  250 ; 
obtains  the  island  of  Rhode  Island  as 
a  present,  263  ;  goes  to  England,  ob- 
tains  a  charter,  296-298 ;  kindly  of- 
ficos  of,  to  New  Nether)  and,  608. 

Williams,  William,  of  Lebanon,  Con- 
neeticut,     patriotic    words     of.     iii 
293. 

Williams  college.  Sec  Williams,  Epbra- 
im. 

W^illiamson,  of  North  Carolina,  ia  the 
federal  convention,  vi.  204 ;  on  the 
slave-trade,  319;  on  the  election  of 
president  of  the  United  States,  327 ; 
one  of  the  committee  of  eleven,  334, 
337,  338;  declares  a  vice-president 
useless,  341,  342;  on  the  number  of 
representatives  in  congress,  334 ;  on 
juries,  358. 

Williamson,  of  South  Carolina,  repulses 
Indian  attacks,  v.  63,  64 ;  surrenders 
Ninety-Six,  378. 

Willinj^,  James,  of  Philadelphia,  brings 
before  congress  Lord  North's  offer,  iv. 
200,  201 ;  success  against  the  British 
on  the  lower  Mississippi,  v.  315  ;  loy- 
alists  driven  out,  315,  316. 

Will's  creek  (Cumberland,  Maryland), 
path  by,  to  the  Ohio,  ii.  362 ;  the  Ohio 


INDEX. 


571 


Company  open  ^  a  road  by  ( 1 7B3),  377 ; 

Washington  at,  420. 
WiUoughby,  FianciH,  deputy  governor 

of  Massachusetts,  i.  87<J, 
Willoughby,  Sir  Hugh,  voyage  and  fate 

^Vilmot,  of  the  Maryland  line,  the 
last  one  who  fell  in  the  war,  v. 
656.  ' 

Wilson,  James,  iv.  50;  in  congress, 
moves  for  committee  to  set  forth 
reasons  for  independence,  316;  re- 
port  not  accepted,  835 ;  on  American 
commerce,  335;  holds  back  against 
suppressing  the  royal  authority,  344- 
opposes  the  declaration  of  indcpend^ 

'  /?'^f'  ^"1'  '"  ''''^°''  °f  independence 
(July  1770),  440;  on  the  articles  of 
confederation,  v.  12,  13;  in  congress, 
debate  on  revenue,  vi.  63,  64;  in  the 
ledcral  convention,  217,  219,  220,  221 
234;  on  Hamilton's  views,'  239;  on 
general  and  state  governments,  244 

'itl'^ro  ^^°  /"'•^  °^  representation' 
^b7,  268 ;  on  federal  legislation  270  • 
one  of  the  committee  of  detail,  274  • 
on  the  slave-trade,  318;  speech  on 
choice  of  the  president  ol  the  United 
btates,  337,  338 ;  on  ratifying  the  con- 
etitution,  356;  in  the  Pennsylvania 
state  convention,  argument  for  ratify, 
ingthe  constitution,  384-386 ;  further 
share  m  the  debate,  388,  390. 
Wilson,  John,  minister  of  First  Church 
of  Boston,  i,  238.  ' 

Wingfield,  E.  M.,  in  the  first  colony  of 
Virginia,  i.  85 ;  president  of  Virginia, 
deposed,  92. 
Winnebagocs,  Indians,  ii.  94. 
Wmslow,  Edward,  agent  for  Massachu- 
setts m  England,  i.  30. 
Winslow,   General  J.,  address   to  the 

Aeadians,  ii.  431. 
Winslovv,  Josiah,  leads  troops  against 

the  ^arragansotts  (1676),  i.  390. 
Wmthrop,  Fitz  John,  governor  of  Con- 

neeticut,  ii.  48. 
Winthrop,  John,  covenants  with  others 
to  settle  in  New  England,  i.  231 ;  gov- 
ernor of  Massachusetts,  232 ; '  hio-], 
character  of,  232-234  ;  spirit  and  co^n- 
duct  of,  238-240  ;  differs  with  Hooker, 
269;  president  of  the  United  Colonies 

qL  oT.^'!"'*''^'  29*;  opposition  to, 
302-304 ;  less  severe  toward  heretics 
before  his  death,  311. 
Winthrop,  Junior,  spirit  of,  i.  231 ;  char- 
acter  and  merits  of,  356, 367 ;  obtains 
charter  for  Connecticut,  368 ;  elected 
governor  annually  for  fourteen  years 
858 ;  advises  the  Dutch  in  New  Ncthsr- 
voL.  VI.— ,38 


619^  *"  surrender  to  the  English  fleet, 

Wise,  Jolm,  and  free  speech  in  Massa- 
chusetts, i.  085,  686. 
Witchcraft,  in  Pennsylvania,  I.  668  •   in 
Massachusetts,  ii.  61 ;  in  Salem,  Mas- 
sachusetts, 68-60;  hanging  of  witches 
61 ;  increase  of  victims,  62-65 ;  end 
of  the  delusion,  66. 
Witherspoon,  Rev.  John,  president  of 
Princeton  college,  New  Jersey,  iv.  33  • 
able  helper  to  New  Jersey,  431;  in 
favor  of  declaration  of  independence, 
440 ;  on  the  articles  of  confederation, 
V.  12,   13;  on  Howe's  message,  41  • 
proposes  to  invest  congress  with  power 
over  commerce,  etc.,  453. 

Woccoons,  Indians,  ii.  94. 

Wolfe,  James,  ii.  484;  at  Louisburg, 
485;  in  command  on  the  St.  Law- 
rence, 498;  at  Quebec,  604,  C05; 
fords  the  Montmorenci,  606;  pro- 
poses to  land  above  the  town,  607  • 
p  an  of  attack,  608  ;  death  of,  on  the 
Plains  of  Abraham,  610. 

Woodford,  Colonel,  iv.  319. 

Woodhull,  N.,  president  of  the  New 
York  convention,  v.  4. 

Woods,  Henry,  major  nt  Breed's  Hill 
IV.  224.  ' 

Woolman,  John,  denounces  slavery   il 

398,  399.  ^' 

Woostcr,  David,  elected  brigadior-gen- 
eral,  iv.  235 ;    with   Montgomery  in 
Canada,  296 ;  in  command  for  Cana- 
da, 374, 375  ;  disputes  of,  with  Schuy- 
ler, 376 ;  difficulties  in  his  way,  376  • 
death  in   battle  at  Uidgeficld,  Con- 
necticut, V.  161. 
Wright,  Sir  James,  governor  of  Georgia, 
!7n,''^^'  ""'^^  Ruard,  escapes,  S9l! 
<i  w  •  '  ''°*"™s  to  Georgia,  v.  375. 
Writs  of  assistance,"  ii.  631 ;  Otis  ar- 
gues against,  647;   illegal,  iii.  249; 
legalized  by  parliament,  256. 
Wyandot.^  Indians.     See  Iroquois. 
Wy;itt,   Sir  Francis,  governor  of  Vir- 
ginia, brings  free  constitution,  i.  118- 
second  administration  of,  139.  ' 

Wyllis,  Samuel,  with  Deano  and  Par- 

son's  enterprise,  iv.  181,  182. 

Wyoming  valley,  occupied  by  Connecti- 

cut  men,  lii.  63,  355 ;  terrible  slaugh. 

ter  in,  by  Indians  and  rangers,  v,  279 

^xr"^S '  ^""'^■'in's  march  into,  832,  333.' 

Wythe,  George,  author  of  the  Virginia 

remonstrance,    iii.   93;    on    Patrick 

Henry's  resolutions.  111 ;  in  congress, 

IV.   316;    discusses   the  question  of 

American  commerce,  cte.,336;  charges 

on  the  king  ail  Aiuericun  grievancea, 


573 


INDEX. 


337,  338 ;  signs  the  declaration  of  in- 
dependence, t.  16;  commissioner  with 
Jefferson  for  codifying  the  laws  of 
Virginia,  vi.  118. 


Y. 


Yale  college,  founded,  i.  361. 

Yamaasees,  in  Carolina,  war  with,  ii.  214. 
215. 

Yates,  R.,  appointed  delegate  to  the 
federal  convention  by  New  York,  vi. 
200;  in  the  convention,  219;  leaves 
the  convention,  269,  260 ;  in  the  state 
convention,  opposes  the  federal  con- 
stitution, 456 ;  Hamilton's  candidate 
for  governor  of  New  York,  467. 

Yeamans,  Sir  John,  governor  of  Claren- 
don colony.  North  Carolina,  i.  411, 
412;  landgrave,  430;  brings  negro 
slaves,  430 ;  is  governor,  434. 

Yeardley,  George,  administration  of,  in 
Virginia,  i.  110;  reappointed  gover- 
nor, 135;  excellent  service  of,  to  the 
colony,  136;  death  of,  136. 

Yonge,  Sir  William,  ii.  243. 

Yorke,  Charles,  brother  of  Philip,  so- 


licitor.gcneral,  ii.  629 ;  In  parliament, 
defends  the  stamp-act,  iii.  103;  of- 
forcd  the  chancellorship  by  the  king 
866 ;  strange  conduct  of,  and  suicide' 
866.  ' 

Yorke,  Sir  Joseph,  opinion  of,  as  to 
Charles  Lee,  iv.  233;  minister  to 
Holland,  v.  131 ;  on  the  value  of  Lee 
148. 

Yorke,  Sir  Philip.    See  Ilardwicke. 

Yorktown,  Virginia,  occupied  by  Com- 
wallis,  V.  614;  surrender  at,  of  Corn- 
wallis  and  the  British  army,  522,  523 ; 
news  of  the  surrender  reaches  France 
and  England,  623,  624. 

Young,  Thomas,  of  Pennsylvania,  ad- 
dress of,  to  the  people  of  Vermont, 
v.  162.  ' 


Z. 


Zealand,  i.  476,  477. 

Zenger,  John  Peter,  arrested  for  libel 
in  New  York,  ii.  264 ;  tried,  and  do- 
fended  by  Andrew  Hamilton  of  Phila- 
delphia, 254;  acquitted,  254,  255. 

Zinzendorf,  Count,  among  the  Indiana 
iv.  85.  ' 


,    '•^  t  •r-  ,  ^  \  ** 


THE   END. 


COMPLETE  IN   SIX   VOLUMES,   OCTAVO. 

HISTORY  OF  THE 

UNITED    STATES, 

From  the  Discovery  of  the  Continent.     By  George  Bancroft. 

An  entirely  new  edition,  partly  rewritten  and 

thoroughly  revised. 


The  author  has  made  extensive  changes  in  the  text,  condensing  in  places,  en. 
larging  in  others,  and  carefully  revising.  It  is  practically  a  new  work,  embody, 
ing  the  results  of  the  latest  researches,  and  enjoying  the  advantage  of  the  author's 
long  and  mature  experience. 

The  original  octavo  edition  was  in  twelve  volumes.  The  present  edition  is 
complete  in  six  volumes,  octavo,  the  price  being  correspondingly  reduced. 


EXTRACTS    FROM    REVIEWS. 
"  The  merits  of  Bancroft's  '  History  of  the  United  States'  are  so  well  known  that 
little  need  be  said  of  the  new  edition,  the  first  volume  of  which,  reaching  to  1688,  has 
just  been  published  in  very  handsome  form,  except  to  point  out  the  ch,\nges  since  the 
revision  of  1876.    One  of  the  most  prominent  is  the  introduction  of  a  division  into 
three  parts,  beginning  respectively  at  1492,  1660,  and  1688.    With  each  part  begins  a 
new  numbering  of  the  chapters,  and  the  difference  thus  created  between  the  editions  is 
increased  by  the  frequent  separation  of  one  chapter  into  two  or  three.     Thus  what 
was  chapter  two  in  1876  becomes  chapters  two,  three,  and  four,  in  1883,  and  what  was 
chapter  twenty-two  becomes  chapters  twelve,  thirteen,  and  fourteen,  of  part  second. 
In  all,  instead  of  twenty-seven  chapters  there  are  thirty-eight.     The  total  length  is  not 
increased,  but  rather  diminished,  since  there  are  many  omissions,  for  instance,  of  Cap- 
tain  John  Smith's  apocryphal  adventures  in  Hungary,  the  evidence  for  which',  coming 
solely  from  the  hero  himself,  probably  seems  weaker  than  eve'i*  to  Mw  .Bancroft. 
Among  passages  which  will  not  be  missed  is  this  about  the  Quaker  martyrs :  'They 
were  like  those  weeds  which  were  unsightly  to  the  eyes,,  and  which  oaly  when  tr^nf- 
pled  give  out  precious  perfumes.'    Another  expunged  remark  is  that  Episco^alianism 
'  separating  itself  from  Protestantism  could  acknowledge  no  equal  eifcep«-Uj,e  Orthodox 
Greek  Church  and  that  of  Rome.'    With  these  sentences  have  *een  reje?'fea  mdby 
whose  meaning  was  given  in  the  context,  such  curtailment  being  esp^aHycoimndri'^ 
the  beginning  and  end  of  chapters.    The  account  of  the  character  of  James  I  is  greatly 
abridged,  and  made  somewhat  less  severe.    In  the  place  of  the  charge  that  Oliver 
Cromwell's  ruling  motive  was  ambition,  is  the  acknowledgment  that  in  his  foreign 
policy  he  was  most  certainly  faithful  to  the  interests  of  England,    The  notice  of 
Luther  is  rewritten  and  <  ilarged,  mainly  by  apt  quotations  of  his  own  words.    There 
has  been  less  change  in  the  accounts  of  American  than  of  European  matters,  but  the 
most  important  addition,  anywhere,  is  that  of  two  pages  describing  and  praising  Cap- 
tain Smith's  government  of  Virginia.    Often,  when  there  appears  to  be  an  addition  or 
omission,  there  is  in  reality  only  a  transposition.    The  whole  class  of  changes  may  be 
attributed  to  greater  maturity  of  judgment,  rather  than  to  discovery  of  new  material. 


Bancroft's  History  of  the  United  States.— (CV^/m/W.) 


:  ( 


especially  as  no  notice  is  taken  of  recent  controversies  ;  for  instance,  whether  Colum- 
bus really  lies  buried  at  Havana  or  San  Domingo  ;  whether  the  Pilgrims  landed  ex- 
actly on  the  day  of  the  winter  solstice,  as  is  apparently  Bancroft's  opinion,  and  whether 
'  The  King's  Missive  '  was  ever  sent,  as  told  by  Whittier.  Other  changes  aim  simply 
at  improvement  of  style.  The  volumes  are  printed  in  the  stately  octavo  style  of  the 
first  edition,  which  seems  more  appropriate  to  such  a  standard  work  than  the  cheaper 
form  of  the  other  revision. " — Boston  Advertiser. 

"  On  comparing  this  work  with  the  corresponding  volume  of  the  '  Centenary ' 
edition  of  1876,  one  is  surprised  to  see  how  extensive  changes  the  author  has  found 
desirable,  even  after  so  short  an  interval.  The  first  thing  that  strikes  one  is  the  in- 
creased number  of  chapters,  resulting  from  subdivision.  The  first  volume  contains 
two  volumes  of  the  original,  and  is  divided  into  thirty-eight  chapters  instead  of  eight- 
een. This  is  in  itself  an  improvement.  But  the  new  arrangement  is  not  the  result 
merely  of  subdivision  :  the  matter  is  rearranged  in  such  a  manner  as  vastly  to  increase 
the  lucidity  and  continuousness  of  treatment.  In  the  present  edition  Mr.  Bancroft  re- 
turns to  the  principle  of  division  into  periods,  abandoned  in  the  '  Centenary '  edition. 
His  division  is,  however,  a  new  one.  As  the  permanent  shape  taken  by  a  great  histor- 
ical work,  this  new  arrangement  is  certainly  an  improvement."— T"//,?  Aa//o«  (New 
York). 

"  In  modifying  the  narrative,  Mr.  Bancroft  tells  us  that  his  chief  aims  were  accuracy 
and  lucidity,  and  that '  no  well-founded  criticism  that  has  been  seen,  whether  made  here 
or  abroad,  with  a  good  will  or  a  bad  one,  has  been  neglected.'  Apparently  no  new 
material  of  particular  moment  has  been  inserted,  although  several  sketches  of  famous 
characters  have  been  rewritten  either  entirely  or  in  part.  The  work  as  a  whole  is  in 
Letter  shape,  and  is  of  course  more  authoritative  than  ever  before.  This  last  revision 
will  be  without  doubt,  both  from  its  desirable  form  and  accurate  text,  the  standard 
one." — Boston  Traveller. 

•'  It  has  not  been  granted  to  many  historians  to  devote  half  a  century  to  the  history 
of  a  single  people,  and  to  live  long  enough,  and,  let  us  add,  to  be  willing  and  wise 
enough,  to  revise  and  rewrite  in  an  honored  old  age  the  work  of  a  whole  lifetime. 
This  good  fortune  has  been  granted  to  Mr.  Bancroft,  and  he  has  largely  profited  by  it, 
as  have  also  the  majority  of  readers  among  his  own  countrymen,  who,  when  American 
history  is  in  question,  go  at  once  to  his  volumes  as  to  an  authoritative  tribunal,  and 
abide  by  his  decisions,  which  in  no  case  of  any  consequence,  we  believe,  have  ever 
been  seriously  or  for  long  disturbed." — JVew  York  Mail  and  Express. 

"  The  extent  and  thoroughness  of  this  revision  would  hardly  be  guessed  without 
comparing  the  editions  side  by  side.  The  condensation  of  the  text  amounts  to  some- 
thing over  one  third  of  the  previous  edition.  There  has  also  been  very  considerable 
recasting  of  I'le  text.  On  the  whole,  our  examination  of  the  first  volume  leads  us  to 
believe  that  the  thought  of  the  lii  torian  loses  nothing  by  the  abbreviation  of  the  text. 
A  closer  and  later  approximation  to  the  best  results  of  scholarship  and  criticism  is 
reached.  The  public  gains  by  its  more  compact  brevity  and  in  amount  of  matter,  and 
in  economy  of  time  and  money." — The  Independent  {New  York). 

"  We  have  made  a  comparison  of  the  first  volume  with  the  edition  of  1876,  and  find 
that  the  work  has  been  largely  recast,  the  arrangement  of  the  chapters  and  the  minor 
divisions  has  been  changed,  many  portions  have  been  rewritten,  and  no  pains  have 
been  spared  in  making  necessary  corrections  as  the  result  of  criticism  on  the  work  or  of 


■Mil 


Bancroft's  History  og  the  United  Status.— (CmtinueJ.) 


further  investigation.  Many  who  purchased  the  last  edition  will  regret  that  they  did 
not  wait  for  the  author's  final  revisions  ;  but  we  presume  that  he  had  no  intention  at 
the  time  it  was  issued  of  going  over  his  work  again,  even  if  he  had  the  hope  of  living 
so  long.  It  is  a  matter  of  general  congratulation  that  his  life  and  vigor  have  been 
spared,  and  that  he  is  still  engaged  with  all  the  energy  of  youth  in  his  important  lit- 
erary works.  The  octavo  volume,  just  issued,  is  a  fine  specimen  of  book-making  in 
clear  type,  on  good  paper,  and  is  neatly  bound."— AWw  Kor/i  Observer. 

"  During  the  half-century,  or  almost  that  time,  since  the  issue  of  Mr.  Bancroft's 
first  volume,  much  new  light  has  been  shed  upon  the  characters  and  events  of  the 
period  covered  by  the  '  History,' and  no  small  proportion  of  it  is  due  to  the  con- 
trovers.es  aroused  by  the  volumes  as  they  successively  appeared.  Mr.  Bancroft  stood 
stoutly  by  his  original  text  until  the  time  came  for  the  issue  of  the  revised  edition  of 
1876,  when  it  was  evident  that  he  had  carefully  studied  the  criticisms  his  work  had 
received  during  the  preceding  forty-two  years  and  had  profited  by  them.  Now  comes 
the  announcement  that  he  is  engaged  in  a  thorough  and  last  revision  of  the  whole 
work.  The  ten  volumes  of  the  original  edition,  and  the  two  volumes  issued  last  year 
are  to  be  wholly  revised,  rewritten  where  necessary,  and  the  twelve  volumes  of  the 
former  issues  comprised  in  six  handsome  octavo  volumes.  The  entire  work  will  thus 
be  given  at  exactly  half  the  price  of  the  original  edition,  while,  judging  by  the  fi«t 
ins  aUment,  it  will  certainly  lose  nothing  by  con-.parison  so  far  as  appearance  goes,  and 
will  be  more  valuable  as  embodying  the  latest  information  and  containing  the  last 
touches  of  the  author»s  h^ViA."-Clcvela,id  (Ohio)  Herald. 

"  There  is  nothing  to  be  said  at  this  day  of  the  value  of  '  Bancroft.'  Its  authority 
IS  no  longer  m  dispute,  and  as  a  piece  of  vivid  and  realistic  historical  writing  it  stands 
among  the  best  works  of  its  class.  It  may  be  taken  for  granted  that  this  new  edition 
will  greatly  extend  its  usefulness.  "-P/^ya^^/^/^-a  Korth  American. 

"  While  it  is  not  quite  true  that  the  marks  of  Mr.  Bancroft's  revision  of  his  great 
his  ory  of  the  United  States  are  visible  on  every  page,  a  careful  comparison  ofthe 
earlier  editions  and  this  shows  that  the  claim  to  improvement  is  by  no  means  ill-found- 
ed.  Sometimes  whole  paragraphs  have  been  cut  out ;  still  oflener  the  extravagances 
of  a  youth  ul  style  have  been  carefully  pruned,  and  the  gain  has  been  manifest  in 
sobriety  and  effect.  "-Philadelphia  Press. 

"  The  merits  of  this  standard  work  are  too  well  known  to  need  recapitulation,  and 
represent  edition  will  comprise  the  entire  original  work,  complete  in  six  volumes 
and  published  at  half  the  price  of  the  original  edition.  The  type  is  somewhat  smaller" 
but  m  general  style  is  not  inferior.  The  first  volume  reaches  to  1688,  and  the  changed 
made  by  the  author  are  numerous,  and  some  of  them  important.  This  volume,  fc 
instance  ,s  divided  into  three  parts,  beginning  respectively  at  1492,  1660,  and  1668 
and  with  each  part  begins  a  new  numbering  of  chapters.  There  are  many  omission^ 
n  the  ext_a^  of  Captam  John  Smith's  adventures  in  Hungary.  Some  sentences  in 
the  text  have  been  eft  out ;  the  character  given  to  James  I  toned  down,  and  the  notice 
of  Luther  enlarged,  while  pages  have  been  added  describing  Captain  Smith's  rule  in 
Virginia.  Other  changes  are  chiefly  improvements  of  style  and  the  incorporation  of 
the  dates  in  o  the  text.  On  the  whole,  the  work  is  much  improved  in  its  new  dress 
and  revised  form,  and  will  be  welcomed  by  all,  for  Bancroft's  history  of  our  country  is 
tXiW/actlc  princeps  among  histories  of  our  \a.nA:'— Chicago  Tribune. 

"  Mr.  Bancroft's  first  volume  appeared  in  1S34.  and  he  has  been  engaged  upon  the 


4         Bancroft's  History  of  the  United  States.— (Continuetf.) 


history  almost  ever  since  he  was  a  student  at  Gottingen.  The  re-iwue  of  the  work,  so 
that  each  part  should  be  what  his  later  opinion  approved,  can  hardly  be  more  satis- 
factory to  the  venerable  historian  than  it  is  to  the  generation  which  first  approaches 
his  great  work  in  the  final  forms  of  its  literary  execution.  In  this  final  revision  Mr 
Bancroft  has  not  only  corrected  all  mistakes  and  errors  of  fact,  so  far  as  they  have 
been  ascertained,  but  has  revised  the  style,  tai.en  the  wind  out  of  pompous  sentences 
and  brought  the  whole  work  within  the  laws  of  good  writing  and  within  the  unity  of 
plan  with  which  he  had  set  out  at  the  beginning.  Thus  far  he  has  removed  many  of 
the  objections  which  stood  against  his  history  as  a  work  of  permanent  value  •  and 
there  is  a  certain  solid,  thorough,  substantial  character  to  his  great  history  which 'gives 
It  a  permanent  weight  in  the  world  of  letters.  The  work  now  takes  rank  with  the 
best  histories  of  the  school  of  philosophical  narrative  to  which  the  author  belones  ••- 
Jioston  Herald.  *  ' 

"  The  marvelous  industry  and  the  earnest  conscientiousness  which  the  venerable 
historian  exhibits  in  revising,  recasting,  and  in  part  rewriting  the  great  work  of  his 
life,  not  only  compel  respect  and  admiration  on  their  own  account,  but  they  become 
also  the  strongest  guarantees  of  the  accuracy  of  his  scholarship,  of  his  fidelity  to  truth 
of  the  exalted  conception  which  he  entertains  of  his  task,  and  therefore  of  the  sub^ 
stantial  excellence  of  his  history.  The  edition  of  1876  exhibited  no  little  pruning  and 
correction  ;  but  the  author  has  again  gone  over  the  entire  field,  and,  with  a  care  and 
devotion  worthy  of  the  theme  and  of  his  reputation,  has  wrought  what  he  says  must 
be  /us  last  revision.  This  latest  edition  will  be  sought  by  many  who  have  for  years 
been  familiar  with  its  predecessors.  The  publishers  deserve  credit  for  presenting  so 
great  a  work  in  such  excellent  guise,  and  the  author  may  accept  it  as  a  noble  monu- 
ment to  perpetuate  his  fame.  But  may  he  be  spared  to  add  many  chapters  to  his 
history,  and  bring  it  down  to  a  later  period  I  "—Utica  {N.  Y.)  Herald. 

"With  Portrait  of  the  Author. 


C«mpl«te  in  six  Tolnines,  ocfaTO,  hanJsomfly  printfd  from  new  tjpe.    Clolb,  nncnt,  witb  gilt  ton  $250- 
liieep,  $3.50;  and  half  calf,  $4.50  per  yolume.  '     "    ' 

D.  APPLETON  &  CO.,  Publishers,  i.  3,  &  5  Bond  Street,  New  York. 


i  \m 


\-M. 


■11 


i    <' 


HISTORY  OF  THE 

PEOPLE  OF  THE  UNITED  STATES, 

From  the  Revolution  to  the  Civil  War.     By  John  Dacu  MoMastek.    To 

be  completed  in  five  volumoa.     Volume  I  now  ready.     8vo. 

Cloth,  gilt  top,  $2.60. 


ScopB  OF  THE  Work. 
In  the  course  of  thU  nan-alive  much  u  wrUten  of  wars,  conspiracies,  and  re- 
belhona  ;  of  Presidents,  of  Congrem»,  of  embassies,  of  treaties,  of  the  ambition  of 
political  leaders,  and  of  the  rise  of  great  parties  in  the  nation.  Yet  the  history 
of  the  people  is  the  chief  theme.  At  every  stage  of  the  splendid  progress  which  sepa. 
rates  the  America  of  Washington  and  Adams  from  the  America  in  which  we  live 
it  has  been  the  author's  purpose  to  describe  the  dress,  the  occupations,  the  amuse- 
ments,  the  literary  canons  of  the  times  ;  to  note  the  changes  of  manners  and  morals  ; 
to  trace  the  growth  of  that  humane  spirit  which  abolished  punishment  for  debt  and 
reformed  the  discipline  of  pruons  and  of  jails  ;  to  recount  the  manifold  immovc 
ments  which,  in  a  thousand  ways,  have  multiplied  the  conveniences  of  life  and  min. 
istered  to  the  happiness  of  our  race  ;  to  describe  the  rise  and  progress  of  that  long 
aeries  of  mecJianical  inventions  and  discoveries  which  is  now  the  admiration  of  the 
world,  and  our  j,ist  pride  and  boast ;  to  tell  how,  under  the  benign  influence  of  lib- 
erty  and  peace,  there  sprang  up,  in  the  course  of  a  single  century,  a  prosperity  un- 
paralleled  in  the  annals  of  human  affairs. 


•The  pledge  r  ven  by  Mr.  McMnster,  that  '  the  history  of  the  reonle  ehnll  ho  ♦>,»  ,.>,i«# 
therae.'  8  pnnctllionalv  and  eatUfactorily  fulfilled.    He  cLr  el  out  iT  nmm^ 
plete,  vivia,  and  delishtful  way.    We  should  add  that  the   ltemivpl-.PnH^^^ 
fs  worthy  of  the  indofat liable  Industry  auduncea«i°  vigilance  w^t^^^^^^  l^nl^'H 

historica   material  have^een  accumulated,  weiXdw/lsXd     Ti.n  ri«»n^„1 '''°'f?.°' 
or  style,  lucidity,  animation,  and  energy,  ari  everywhere  Dreset.t     sVldnm  inHlTK"""" 
book,  In  which  matter  of  substantial  value  has  S"o  happily    liited  to  a^tractfvP^ 
form,  been  offered  by  au  American  author  to  hia  fellow^itizens  ' '-KrorK 


For  sale  by  all  booksellers;  or  sent  by  mail,  post-paid,  «-  >ecHpt  of  price. 
New  York  :  D.  APPLETON  &  CO.,  1,  8,  &  5  Bond  Street 


THE   LIFE  AND  WORKS 

or 

WILLIAM  CULLEN  BRYANT. 


Edited  by  PABKE  GODWIN. 


Miff 


I  <■ 


A  Biography  of  William  Cullen   Bryant,  with 

Extracts  from  his  Private  Correspondence.    By  Pakkk  Godwin.     With  Two 

Portraits  on  Steel:  one  from  a  Painting  by  Morse,  taken  in  1826,  and  ono 

from  a  Photograph  taken  in  1873.     In  two  vols.,  square  8vo.     Cloth,  f6.00. 

Containing  a  ftill  account,  from  authentic  sources,  of  the  poet's  ancestry :  of  his 

boyliood  ainonij  the  Uninpsliiro  hills:  of  his  carlv  pooins:  of  his  ten  years'  life  ns  a 

country  lawyer;  of  his  long  editorial  career  in  New  York;  of  his  intercourse  with 

contoniporaries ;  of  his  travels  abroad  and  at  homo;  of  the  orijjiii  of  ninny  of  his 

Eoems  \  of  his  politioul  opinions ;  of  bis  speeches  and  addresses ;  and  of  the  honors 
0  received. 

"  Perhops  the  most  ontortalnlnpr  and  dellffhtrul  memoir  of  the  prosont  Rcneratlon,  coroblnln^f, 
as  it  (Iocs,  iho  charm  of  tlio  pout  iind  the  force  of  a  puMlulst;  tlio  troslincss  and  beauty  of  tho 
country,  with  the  wealth  and  rellnament  of  tho  city ;  every  variety  of  Intellectual  life ;  social  and 
public  questions;  brilliant  conversation  and  rich  corrcspondenoe ;  'travi'l  In  forclRn  hinds  ;  scenes 
1u  the  eve  of  a  poet  and  philosopher — all  those  and  a  bost  of  other  rubjects,  admirably  selected 
arranged,  and  touched,  make  up  two  charming  volumes,  which  wu  have  rooid  with  great  Inter- 
est."—A'ei*  York  Observer. 

"  Mr.  Parko  Godwin  has  done  his  work  of  Invo  with  remarkable  completeness.  The  biogra- 
phy Is  more  than  Its  name  Inipllos,  Mr.  Dryant's  life  was  so  clonely  Interwoven  with  the  litera- 
ture ond  politics  6(  tho  country  that  Mr.  Godwin's  work  becomes,  In  effect,  a  history  of  tue  devel- 
opment of  thought  In  the  United  States  for  tho  last  sixty  ycnrs.  On  this  account  Mr.  Godwin's 
latest  labors  are  of  extraordinary  vuluc,  the  full  measure  of  which  can  uot  now  be  estimated."— 
Mw  York  Journal  of  Commerce. 

n. 
The  Poetical  Works  of  William  Cullen  Bry- 

ant>     In  two  vols.,  square  Svo,  uniform  with  the  "  Biography."    Cloth, 
Cilt  top,  $6.00 ;  half  calf  or  half  morocco,  $12.00. 

This  edition  of  Mr.  Bryont's  poems  contains:  1.  All  Mr.  Bryant's  poems  that 
have  hitherto  appeared,  with  his  latest  corrections.  2.  Sixty  or  more  never  before 
collected,  including  some  thirty  beautiful  hymns,  and  a  companioi  piece  to  "  Sella" 
and  "The  Little  People  of  the  Snow."  8.  Copious  notes  by  I'arki  Godwin,  givinj? 
various  changes  in  tho  more  important  poems,  an  account  of  their  o  igin,  and  other 
interesting  information. 

"No  more  fitting  memorial  of  a  poet  could  be  devised  by  Ingenuity  and  affection  combined 
than  an  edition  of  bis  works  In  a  form  so  beautiful  as  this.  No  finer  specimens  of  book-making 
have  over  Issued  fh>m  the  American  press  than  these  volumes.  Tho  type  is  largo,  tbe  press- 
work  »lmply  perfect,  thu  margins  wide  and  uncut  except  at  the  top,  sua  tho  binding  rlcn  nnf 
tasteful.  Many  so-called  editions  de  luxe  ore  inferior  to  this  in  real  excellence.  Tho  time  hf  • 
not  yet  come  for  a  just  estimate  of  Bryant's  true  place  as  a  poet.  Hut  is  It  not  something  to  havu 
earned  the  distinction  of  being  tho  only  American  poet  of  a  century  who  has  written  blank  verso 
that  will  live  in  literature  alongside  of  that  of  Wordsworth  and  Milton  1  "—Aew  i  ork  Examiner, 

III. 

Prose  Writings  of  William   Cullen 

In  two  vols.,  square  Svo,  uniform  with  the  "  Biography." 
J6.00. 

Literary  Essays. 
Narratives. 
Commemorative  Discourses. 


Bryant. 

Cloth,  gilt  top, 


CONTAININO  : 

Sketches  of  Travel. 

Occasional  Addresses. 

Editorial  Comments  and  Criticisms. 


New  York:  D.  APPLETON  &  CO.,  1,  3,  &  6 


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ryant. 

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